Justia Civil Procedure Opinion Summaries

The estate of an individual that died as a result of an injury incurred while being a patient of a nursing home sued the nursing home facility in a wrongful death action. The district court entered default judgment for Plaintiff after Defendant failed to file a response or appear in court multiple times. Over 200 days later, Defendant filed a petition to vacate default judgment and the petition was granted. Plaintiff appealed the ruling, and the Court of Civil Appeals (COCA), affirmed the trial court's decision. The Oklahoma Supreme Court concluded it was "patently clear" Defendant's arguments for the Petition to Vacate Judgment as to liability was without merit. "[The Nursing Home] Meeker was given a multitude of opportunities to respond to the litigation, but failed to respond to a single instance for 280 days after the initial service of process. Meeker failed to respond to any service of process or appear at any hearing, and did not have an argument with merit to support the inability to respond to the litigation." Accordingly the Supreme Court vacated the opinion of the Court of Civil Appeals, reversed the trial court's judgment granting the Petition To Vacate Judgment as to liability, and remanded this matter for a trial on damages. View "Williams v. Meeker North Dawson Nursing, LLC" on Justia Law

Sally Loeb sued the County of San Diego (County) for personal injuries she allegedly sustained when she tripped on an uneven concrete pathway in a County park. The County filed successive motions for summary judgment based on a "trail immunity" defense, which provided absolute immunity to public entities for injuries sustained on public trails that provide access to, or are used for, recreational activities. The trial court denied these motions, finding disputed facts existed regarding whether the pathway was used for recreational purposes. But when Loeb conceded during argument over the proposed special verdict forms that the pathway was used, at least in part, for recreational purposes, the trial court granted a nonsuit in the County's favor. Loeb contended the trial court erred procedurally and substantively. Finding no reversible error in the grant of a nonsuit, the Court of Appeal affirmed. View "Loeb v. County of San Diego" on Justia Law

Bile Salat appealed the discontinuation of his disability benefits. In 2016, Salat slipped and fell at work. On March 31, 2016, WSI accepted liability for a contusion of the lower back and pelvis and a right ankle sprain. By November 2016, an independent medical examination revealed Salat's ankle injury had not healed and was not at pre-injury status, but low back pain was unrelated to the work injury. Salat's personal physician reviewed the IME's opinion and did not have any "objective findings on physical exam to challenge or disagree with his medical opinion." On August 5, 2016, WSI issued an order discontinuing Salat’s disability benefits after June 29, 2016. On December 15, 2016, WSI issued a notice of decision denying further benefits of Salat’s lumbar spine after November 11, 2016. The North Dakota Supreme Court reversed the discontinuation of benefits, finding Salat's physician's statement was misunderstood by the district court as a "blanket agreement" with the independent medical examiner: Salat's physician's "statement is better understood as stating she had no objective findings on physical exam to challenge or disagree with [the IME] opinion regarding the source of Salat’s back pain." On this record, the Supreme Court surmised the ALJ could have reasonably found the two physicians had conflicting medical opinions on the source of continued back pain, and that a "reasoning mind reasonably could determine" Salat suffered low back pain after November 11, 2016 that was attributable to the compensable work injury. View "WSI v. Salat, et al." on Justia Law

Robert Sheffield was injured on the job while working for S.J. Louis Construction (S.J. Louis). Sheffield filed a petition to contravert, and the administrative law judge (AJ) awarded Sheffield permanent-partial disability benefits. S.J. Louis appealed the decision to the full Mississippi Workers’ Compensation Commission (Commission), and the Commission reversed this finding, concluding that Sheffield did not suffer any additional disability from the 2015 injury than that caused by a 2010 injury. Sheffield appealed, and the Court of Appeals reversed the Commission’s decision. S.J. Louis filed a petition for writ of certiorari with the Mississippi Supreme Court. Because the Supreme Court found, after review, that the Commission’s decision was supported by substantial evidence, it reinstated and affirmed that decision. View "Sheffield v. S.J. Louis Construction Inc." on Justia Law

Defendant-appellant John-David Gonzales (Gonzales) appealed trial court orders that led to the disbursement of settlement funds to respondents Michael Silvers, a law corporation (Silvers), Panish, Shea & Boyle (PSB), Michael W. Jacobs, Case Advance (CA), Nexus Physical Therapy, and Everence Association, Inc. (Silvers, PSB, Jacobs, CA, Nexus, and Everence were collectively referred to as lienholders). Defendants Gonzales and lienholders were named as parties in an interpleader action filed by plaintiff, respondent, and stakeholder Gregory Hood (Hood). Hood filed this action to resolve the competing claims of defendants to funds from the settlement of Gonzales v. Sears Holding Corporation et al., San Diego Superior Court case No. 27-2014-00040057-CU-PL-CTL (“the personal injury action”), which litigation was filed by Silvers in November 2014 after Gonzales was hurt in a bicycle accident. Gonzales in July 2015 agreed in writing to have PSB associate in as counsel. Silvers/PSB settled a portion of the personal injury action for $100,000. After Silvers/PSB withdrew as counsel of record in the personal injury action, Gonzales retained Jacobs, who obtained an additional settlement of $299,999.99 pursuant to an offer to compromise. Gonzales, however, refused to sign the settlement agreement and endorse the settlement check, terminated Jacobs as counsel, and retained Hood for the " 'determination and distribution' of the settlement funds." Despite his promise to do so, Gonzales again refused to endorse the settlement check. Within days after retaining Hood, Gonzales terminated him as legal counsel. In response, Hood informed Gonzales that, if he did not promptly retain new counsel to allow for the transfer of the settlement check and other settlement funds in Hood's possession, Hood would file an interpleader action, based on Hood's concern there were multiple claimants to the settlement funds and the settlement check would "expire" and not be honored by a bank. In anticipation of a hearing, the lienholders stipulated to a proposed distribution of the settlement funds among defendants. At the hearing, Gonzales (through his fifth attorney of record) agreed with the amounts owed to Silvers, PSB, and CA under that stipulation. Gonzales, however, disputed the amount sought by Jacobs, Nexus, and Everence. He also disagreed with the court's September 14 elisor order awarding costs and fees to Hood. For the most part, the Court of Appeal found all of Gonzales arguments “unavailing,” and affirmed. View "Hood v. Gonzales" on Justia Law

Sonia Blunt, a teacher in the Tuscaloosa City Schools system ("TCS"), petitioned the Alabama Supreme Court for a writ of mandamus to direct the Tuscaloosa Circuit Court to enter a summary judgment in her favor on the basis of State-agent immunity as to claims asserted against her by Keith Langston, as next friend and father of Joshua Langston and Matthew Langston, minors at the time the action was filed. Marcus Crawford, a student attending one of Blunt’s summer-school classes at TCS, left campus for lunch at a nearby fast food restaurant. Crawford testified it took longer to get his food order than he estimated, and hurried back to campus. Approximately one mile away on a two-lane public road, Crawford attempted to pass a vehicle in front of him by crossing a double-yellow center line and driving in the oncoming lane of traffic. In doing so, Crawford collided with a vehicle driven by Susan Kines Langston, a TCS teacher, in which Matthew Langston and Joshua Langston were passengers. Susan Langston was killed in the accident, and Matthew and Joshua were seriously injured and eventually had to be life-flighted to Children's Hospital in Birmingham. Crawford was charged, tried, and convicted of reckless manslaughter for his actions in causing Susan Langston's death. He was sentenced to five years and nine months in prison. Thereafter Keith Langston filed suit against Blunt and Patsy Lowry (another TCS teacher). Langston asserted claims of negligence and wantonness against Blunt and Lowry for failing to follow the "policies and procedures" of TCS, which failure allegedly proximately caused the injuries sustained by Matthew and Joshua Langston. The Alabama Supreme Court concluded Langston failed to demonstrate the existence of a detailed rule binding upon Blunt that would establish that she acted beyond her authority in supervising students when she allowed Crawford to leave the school campus at the time and in the manner he did. Therefore, Blunt was entitled to State-agent immunity from Langston's claims of negligence and wantonness pertaining to her alleged violation of a TCS policy or procedure. View "Ex parte Sonia Blunt." on Justia Law

Tim Tucker petitioned the Alabama Supreme Court for a writ of mandamus to direct the Baldwin Circuit Court to vacate its order denying his summary-judgment motion in which he contended he was entitled to State-agent immunity for all claims asserted against him by Mary Young in an action stemming from injuries Young sustained when she tripped and fell on a residential street in the City of Orange Beach ("the City") in 2015. Tucker was the public-works director for the City. In January 2015, at approximately 9:30 p.m., Young was walking her dog along Louisiana Avenue. Young testified that it was dark and that there were no street lights. Young attempted to get her dog back on the street after it had veered off the asphalt, and she then tried to step onto the street as well from the shoulder. Young's foot caught on the edge of the asphalt and she tripped and fell to the ground. Young testified that she broke her shoulder as a result of the fall and that it had to be surgically repaired. Young alleged Tucker and the public works department "breached their duty by not inspecting and correcting the significant shoulder drop offs at various locations within the City of Orange Beach, including Louisiana Avenue, at any point during or after the 2012 repaving process ...." The Supreme Court determined Young's primary argument glossed over the more than two-year gap between the completion of the 2012 repavement project and her accident in January 2015. Tucker was entitled to State-agent immunity from all claims Young asserted against him. The circuit court was therefore directed to enter a summary judgment in favor of Tucker. View "Ex parte Tim Tucker." on Justia Law

Burkes Mechanical, Inc. petitioned the Alabama Supreme Court for a writ of mandamus to direct a trial court to vacate its order denying Burkes's motion to dismiss claims of negligence, wantonness, and the tort of outrage asserted against Burkes by Alexsie McCoy and to enter an order dismissing those claims. In 2018, McCoy was injured during the course of his employment as an iron worker for Burkes. McCoy and two other iron workers were working in a hot, confined space at a mill owned by International Paper Company ("IP") and were using welding torches to cut heavy metal plates in IP's debarking machine. A worker employed by another company broke a welding line, which ignited the air. McCoy sustained severe burn injuries. According to McCoy, Burkes failed to notify IP, which had an emergency-medical-response team on site to address workplace injuries. Instead, a Burkes employee sprayed an "improper substance" on McCoy to treat the injury. Rather than calling an ambulance, Burkes transported McCoy by private vehicle to a local doctor's office, which advised McCoy's injuries were too severe to be treated at his office and that McCoy needed to be taken to a hospital. A Burkes employee took McCoy to a drugstore to purchase over-the-counter burn cream and then to Grove Hill Memorial Hospital. That hospital determined that the burns were too serious to be treated there, and, as a result, McCoy was transported by ambulance to the University of South Alabama Medical Center in Mobile, where he was hospitalized for approximately one week. Burkes filed a motion to dismiss McCoy's negligence and wantonness claims against it, asserting that the exclusivity provisions of the Alabama Workers' Compensation Act barred those claims. The Supreme Court concluded Burkes, with its reliance on a few distinguishable cases, did not demonstrate a clear legal right to have the negligence and wantonness claims against it dismissed. It agreed the tort of outrage was not pled sufficiently, but denial of a motion to dismiss was not reviewable through a petition for mandamus relief. As such, the Court denied relief. View "Ex parte Burkes Mechanical, Inc." on Justia Law

Mary Thomas awoke, paralyzed, after surgery. She filed a medical malpractice suit against Dr. Adam Lewis, who performed the surgery, claiming her injuries stemmed from two neurosurgeries performed by Dr. Lewis. Thomas also filed suit against Jackson Neurosurgery Clinic and Central Mississippi Medical Center based on vicarious liability. Thomas’s medical malpractice claims were based on an alleged failure of Dr. Lewis to manage Thomas’s mean arterial blood pressure during the first surgery and Dr. Lewis’s decision to perform the second surgery. However, the issue on appeal involved the reliability of expert testimony under Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993). Thomas’s expert, neurosurgeon Dr. Neil Wright, claimed that Dr. Lewis had failed to provide the proper standard of care and, in turn, caused Thomas’s injuries. However, Dr. Lewis argued that Dr. Wright’s opinions were not reliable because they were inconsistent with medical literature. The trial court agreed, struck Dr. Wright’s opinions, and granted partial summary judgment in favor of Dr. Lewis with regard to the first surgery. The trial court also ruled that Dr. Wright could testify to negligence regarding the second surgery. The trial court allowed Thomas to proceed on claims related to the second surgery. Dr. Wright admitted that the decision to perform the second surgery was a judgment call and that he failed to testify that making the decision to proceed with a second surgery was a breach of the standard of care. The trial court considered the evidence and found that Mary Thomas had failed to offer admissible proof from which a reasonable juror could find that Dr. Lewis deviated from a professional standard of care. The trial court directed a verdict in favor of Dr. Lewis, Jackson Neurosurgery Clinic, and Central Mississippi Medical Center, and Thomas appealed. Finding no reversible error, the Mississippi Supreme Court affirmed. View "Thomas v. Lewis" on Justia Law

After plaintiff was injured when a neck brace allegedly caused or failed to protect him from serious bodily injury, he filed suit against the makers and sellers of the neck brace. The Eighth Circuit affirmed the district court's orders granting defendants' motions to dismiss. The district court correctly noted that, even though entry of default was proper where a party fails to respond in a timely manner, a court must not enter default without first determining whether the unchallenged facts constitute a legitimate cause of action. In this case, all but one of the allegations in the amended complaint constitute mere legal conclusions and recitations of the elements of the causes of action.The court agreed with the district court that where, as here, there are so few facts alleged in the complaint, the court need not address each individual claim to make a sufficiency determination on a Federal Rule of Civil Procedure 12(b)(6) motion to dismiss. Accordingly, because the amended complaint failed to allege sufficient facts to state a claim for relief that was plausible on its face, the district court did not err in granting defendants' motion to dismiss. View "Glick v. Western Power Sports, Inc." on Justia Law