Justia Civil Procedure Opinion Summaries

Mark Klein appealed a judgment following a jury verdict awarding him compensatory damages resulting from a vehicular accident. Klein and Sarah Luithle were in a vehicular accident in 2011 (Luithle died in 2014 from unrelated causes). The case was tried before a jury in August 2018. Prior to trial, Luithle’s Estate moved the district court to exclude two of Klein’s witnesses, Reg Gibbs and Scott Stradley, Ph.D., arguing their testimony and opinions did not meet the requirements of N.D.R.Ev. 702 and 703. The court denied the motion, stating the arguments raised by Luithle’s Estate went to the credibility of the experts, not to the admissibility of their testimony. On the second day of trial, Bill Rosen, M.D., testified as Klein’s medical expert witness. After Dr. Rosen testified, Luithle’s Estate moved to strike part of Dr. Rosen’s testimony, arguing it did not meet the reasonable degree of medical certainty standard and was therefore speculative and inadmissible. After acknowledging Klein’s continuing objection, the court struck all of Dr. Rosen’s testimony. The court also excluded proposed testimony from Gibbs and Stradley because it held there was a lack of foundation for these experts to testify without Dr. Rosen’s testimony. The jury determined Klein was 25% at fault and Luithle was 75% at fault for the accident that caused Klein’s injuries. On appeal, Klein argued the district court incorrectly struck the entirety of his expert witness’s testimony from the record and improperly excluded testimony from two other expert witnesses under N.D.R.Ev. 702 and 703. The North Dakota Supreme Court determined Klein’s substantial rights were affected because his medical expert’s testimony was completely struck and Klein was significantly limited in proving both past and future damages. Additionally, the matter of medical expenses was a major issue at trial, and exclusion of Klein’s only medical expert left him to rely solely on the medical witness called by Luithle’s Estate. Therefore, the Court remanded for a new trial. View "Klein v. Estate of Luithle" on Justia Law

SoCalGas pleaded no contest to a charge of failure to immediately report the release of a hazardous material, and obtained dismissal of other charges, including a count alleging the discharge of air contaminants. Petitioners, residents of the Porter Ranch community, sought to set aside the plea agreement and obtain restitution under the California Constitution, which gives victims the right to seek and secure restitution from the persons convicted of the crimes causing the losses they suffer. The trial court denied petitioners' motion to vacate the plea and require restitution.The Court of Appeal held that the Victim's Bill of Rights in the California Constitution, as amended in 2008 by Proposition 9, does not authorize a victim to appeal from a judgment or order in a criminal case. However, in those rare cases where the trial court fails in its duty to order restitution from the convicted wrongdoer to the victims of the crime, the victims may do what petitioners have done in this case by seeking a writ of mandate. The court held that the trial court did not fail in its duty when it refused to order restitution for all losses caused by the gas leak. The court declined to extend the right to restitution to dismissed charges that are "transactionally related" to the crime of which defendant was convicted. Although the court found no error in the trial court's conclusion that there was no evidence or proffer of evidence to establish that defendant's failure to report the gas leak for three days was a substantial factor in causing the harm victims suffered from the gas leak, the court remanded for a hearing on whether petitioners can prove damages from the three-day delay in reporting the leak, as charged in the criminal complaint. View "Crump v. The Superior Court of Los Angeles County" on Justia Law

In a workers’ compensation matter, the Louisiana Supreme Court was presented with the question of whether an employee’s motion to compel her employer to choose a pharmacy other than the pharmacy at its retail stores to fill her prescriptions was premature in the absence of any claim that she has not been furnished proper medical attention or that there have been delays or deficiencies in filling prescriptions. Elizabeth Soileau filed a disputed claim for workers’ compensation benefits alleging she injured her right arm and hand in the course and scope of her employment with Wal-Mart Stores, Inc. (“Wal-Mart”). Pursuant to a 2012 consent judgment, Soileau received medical treatment, including prescriptions, some of which she filled at a Wal-Mart pharmacy. In 2016, Soileau obtained a judgment against Wal-Mart ordering that she was entitled to receive certain prescriptions, as prescribed by her physician. Soileau began filling her prescriptions at Falcon Pharmacy. Following the Louisiana Supreme Court's opinion in Burgess v. Sewerage & Water Board of New Orleans, 225 So.3d 1020, which held the choice of pharmacy belonged to the employer, Wal-Mart notified Soileau in writing that she could only use “a Wal-Mart or Sam’s Club Pharmacy” for her future prescriptions needs. Wal-Mart further advised Soileau it would not issue reimbursement for medications dispensed to Wal-Mart workers’ compensation patients from any pharmacy other than a Wal-Mart or Sam’s Club Pharmacy. Soileau moved to compel, arguing she “should not be forced to obtain medications from her employer directly and cannot go without her medication.” The motion proceeded to a hearing before the Office of Workers’ Compensation (“OWC”). At the hearing, Soileau testified that in September 2017 (after she filed her motion), Wal-Mart’s pharmacy denied two of her workers’ compensation prescriptions, but admitted she had no written documentation of the denial. The workers’ compensation judge explained that in the event Soileau experienced any delays or deficiencies in the filling of her prescriptions, she “has a remedy under Louisiana Revised Statute 23:1201E.” Soileau appealed. A divided panel of the court of appeal reversed, finding that a conflict of interest would be created if Wal-Mart were permitted to designate its own pharmacy as the only pharmacy Soileau could use for her workers’ compensation prescriptions. The Supreme Court found the matter was indeed premature and did not present a justiciable controversy. It therefore vacated the judgment of the court of appeal. View "Soileau v. Wal-Mart Stores, Inc." on Justia Law

Plaintiff Terry Gotch filed this suit for damages against defendants Joseph Derousselle and his employer, Scooby’s ASAP Towing, LLC (“Scooby’s”). Plaintiff alleged he was a guest passenger in a vehicle driven by Alydia Menard. According to plaintiff, Derousselle, an employee of Scooby’s, backed his vehicle out of a private driveway, causing Menard to make an evasive maneuver to avoid a collision. Menard’s vehicle subsequently left the roadway and struck a ditch, causing injury to plaintiff. The issue this case presented for the Louisiana Supreme Court's review centered on whether the district court erred in denying plaintiff's request for a mistrial based on evidence that the jurors violated their instructions by discussing the case prior to deliberations. The Supreme Court concluded the district court did not abuse its discretion in denying plaintiff's motion for a mistrial: there was no indication the jurors disregarded the evidence presented at trial. Accordingly, the Supreme Court reversed the judgment of the court of appeal and reinstated the district court's judgment. View "Gotch v. Scooby's ASAP Towing, LLC et al." on Justia Law

Mercer University sought immunity from liability for claims by the estate and family of Sally Stofer, who was fatally injured when she fell at a free concert hosted by the university at Washington Park in Macon, Georgia in July 2014. The park was owned by Macon-Bibb County, but Mercer had a permit to use the park for its concert series. The concert series was planned, promoted, and hosted by Mercer’s College Hill Alliance, a division of Mercer whose stated mission is to foster neighborhood revitalization for Macon’s College Hill Corridor. The trial court concluded, and the Court of Appeals agreed, that defendant was not entitled to summary judgment on its claim of immunity under Georgia’s Recreational Property Act, given evidence that Mercer hosted the concert and it might (at least indirectly) benefit financially from the event. In arriving at this conclusion, the Georgia Supreme Court surmised the Court of Appeals was led astray by language in the Supreme Court’s most recent relevant decision that was inconsistent with previous case law. After careful consideration of the statutory text and a thorough review of the case law, the Georgia Supreme Court concluded that whether immunity was available under this provision requires a determination of the true scope and nature of the landowner’s invitation to use its property, and this determination properly is informed by two related considerations: (1) the nature of the activity that constitutes the use of the property in which people have been invited to engage, and (2) the nature of the property that people have been invited to use. Clarifying that considerations of evidence of Mercer’s subjective motivations in hosting the concert and some speculation of the indirect benefits Mercer might have received as a result of the concert were generally improper, the Supreme Court vacated the Court of Appeals’ decision and remanded the case with direction that the court revisit its analysis consistent with the standard that was clarified here. View "Mercer University v. Stofer" on Justia Law

John Buckley started working for Labor Ready, Inc., a temporary employment service, in 2009. He was injured on assignment for a shipping company. At the time of injury he was performing a task prohibited by the contract between the temporary employment service and the shipping company. The injury resulted in loss of the worker’s hand and part of his arm. After getting workers’ compensation benefits from the temporary employment service, the worker brought a negligence action against the shipping company and one shipping company employee. The superior court decided on cross-motions for summary judgment that the exclusive liability provision of the Alaska Workers’ Compensation Act (Act) barred the action. The Alaska Supreme Court reverse, finding material issues of fact precluded disposition by summary judgment. View "Buckley v. American Fast Freight, Inc." on Justia Law

Keith Steffes, Kelly Steffes and Tasha (Rohrbach) Steffes appealed a district court order granting Nodak Mutual Insurance Company’s motion for a new trial. The Steffeses argued the district court abused its discretion in vacating the judgment and granting Nodak’s motion for a new trial. The North Dakota Supreme Court dismissed the appeal because the order granting a new trial was not then reviewable. View "Nodak Mutual Insurance Company v. Steffes, et al." on Justia Law

Tessa Bride, as personal representative of the estate of John Pelkey, appealed an order dismissing without prejudice her medical malpractice action against Trinity Hospital, Marc Eichler, M.D., Kim Koo, M.D., and unnamed others. On September 11, 2015, Pelkey fell at home and was transferred to Trinity where he was treated for spinal cord injuries. Neurosurgeons Dr. Eichler and Dr. Koo both operated on him. On September 20, 2015, Pelkey fell at the hospital and sustained serious injuries. Pelkey died on February 2, 2017. The North Dakota Supreme Court affirmed because Bride failed to serve an affidavit containing an admissible expert opinion supporting a prima facie case of professional negligence within three months of the commencement of the action and failed to request an extension of the time period to serve the affidavit within the three months as required by N.D.C.C. 28-01-46. View "Bride v. Trinity Hospital, et al." on Justia Law

Robin Ayling appealed a judgment dismissing her claims against Mary Ann Sens, M.D., UND School of Medicine employees, and the Grand Forks County State’s Attorney and Board of Commissioners relating to her son’s death. Ayling’s son, Blake, was a student at UND. He was last seen alive at an on-campus party at approximately 1:30 a.m. on March 24, 2012. He was found dead in the rail yard south of UND’s campus at approximately 6:30 a.m. to 7:00 a.m. on March 24, 2012. Dr. Sens performed the autopsy on the same day. She determined Blake was intoxicated, he had a 0.278 blood-alcohol concentration at the time of death, he died from blood loss, and his death was accidental. After learning of the autopsy results, Ayling questioned the blood-alcohol concentration because Blake reportedly did not show signs of intoxication at the party or before the party. Ayling met with Dr. Sens in April 2013, and Sens explained the autopsy report and defended her conclusions. On December 27, 2013, Ayling spoke with a forensic toxicologist who questioned Dr. Sens’ methods in performing the autopsy. The toxicologist believed Blake's urine and vitreous humor should have been tested for alcohol to corroborate the blood test. Ayling sued Dr. Sens, UND School of Medicine employees, and Grand Forks County employees in February 2017, alleging Sens failed to competently perform a medical autopsy as a part of the investigation of Blake's death. Ayling alleged the other Defendants failed to properly supervise Dr. Sens. The district court concluded Ayling’s claims against the Defendants were untimely. After reviewing the record, the North Dakota Supreme Court agreed with the district court that Ayling’s voluminous discovery requests did not relate to the statute of limitations issue and would not have created an issue of material fact supporting denial of the summary judgment motion. The court’s discovery decisions were not an abuse of discretion. View "Ayling v. Sens, et al." on Justia Law

Dr. Allen Booth and St. Alexius Medical Center appeal from a district court judgment finding North Dakota’s noneconomic damages cap in medical malpractice cases unconstitutional. Dr. Booth and St. Alexius also argue the district court erred in denying a motion for a new trial. On May 29, 2012, Chenille Condon gave birth to a child at St. Alexius Medical Center. Within hours, Condon complained about chest discomfort and shortness of breath. A pulmonary embolism was suspected and testing was ordered in an effort to diagnose the issue. Testing revealed multiple pulmonary nodules in Condon’s mediastinum. Condon was eventually referred to Dr. Booth for a mediastinoscopy for the purpose of collecting a larger tissue sample. The larger tissue sample was necessary for a definitive diagnosis. Not long into the procedure, an injury occurred to Condon’s right innominate artery, resulting in life-threatening bleeding. Condon was placed in intensive care where she had a stroke. The stroke was related to the injury that occurred during surgery. Condon underwent rehabilitation for several months. Condon filed a medical malpractice claim against Dr. Booth. After nine days of proceedings, the jury returned a verdict finding negligence and awarding Condon $265,000 in past economic loss, $1.735-million in future economic loss, $150,000 in past noneconomic loss, and $1.350-million in future noneconomic loss. The North Dakota Supreme Court concluded the damage cap in N.D.C.C. 32-42-02 did not violate the equal-protection provisions of N.D. Const. art. I, section 21. The Supreme Court reversed the district court’s judgment and remanded for a reduction in noneconomic damages consistent with the statute. The Court affirmed the district court’s denial of Dr. Booth’s request for a new trial. View "Condon v. St. Alexius Medical Center, et al." on Justia Law