Justia Civil Procedure Opinion Summaries

While incarcerated at Woodborne Correctional Facility, Antonio Mallet sought medical care for urinary obstruction and painful urination, symptoms indicative of prostate cancer. Despite a cystoscopy revealing concerning results, prison doctors did not conduct further tests for prostate cancer, instead prescribing medication for a benign enlarged prostate. Mallet was released on parole in January 2019 and was diagnosed with late-stage prostate cancer in May 2021. He filed a lawsuit on February 25, 2022, against the State of New York, the New York State Department of Corrections and Community Supervision (DOCCS), its acting commissioner, and three medical providers, alleging deliberate indifference to his medical needs and other constitutional violations, as well as state law claims for malpractice and negligence.The United States District Court for the Southern District of New York dismissed Mallet’s constitutional claims as untimely, reasoning that the claims accrued by the time he was released from custody in January 2019, thus falling outside the three-year statute of limitations for Section 1983 claims in New York. The court declined to exercise supplemental jurisdiction over the state law claims.The United States Court of Appeals for the Second Circuit found it plausible that Mallet’s deliberate indifference claim had not accrued by February 25, 2019, making his complaint potentially timely. The court reversed the district court’s dismissal of the deliberate indifference claims against Dr. Makram and Dr. Stellato, finding them plausible, but affirmed the dismissal of the claim against Professor Ritaccio and the constitutional claims against New York State, DOCCS, and Annucci due to sovereign immunity. The court vacated the dismissal of the remaining constitutional claims and state law claims, remanding the case for further proceedings. View "Mallet v. New York State Department of Corrections and Community Supervision" on Justia Law

Betty Callens, an 81-year-old woman, underwent left-hip-replacement surgery on September 23, 2019, at Grandview Medical Center. After her discharge on September 27, 2019, she was transferred to Brookdale Skilled Nursing Facility for rehabilitation. Callens alleged that she received poor nursing care at Brookdale, leading to a fall on October 3, 2019, which resulted in another fracture of her left hip and a fractured left femur. She was readmitted to Grandview for further surgeries and was later diagnosed with Clostridioides difficile. On October 15, 2019, Callens was transferred to St. Martin's for rehabilitation. On October 21, 2019, while being bathed by a nurse at St. Martin's, Callens alleged that the nurse applied excessive pressure to her healing hip, causing another dislocation.The Jefferson Circuit Court granted summary judgment in favor of St. Martin's, concluding that Callens failed to provide medical-expert testimony to establish a breach of the standard of care or causation of her injuries. Callens's motion to strike the affidavit of St. Martin's expert, Michael Britton, R.N., was denied. The court found that Britton was qualified as a similarly situated health-care provider.The Supreme Court of Alabama reviewed the case and affirmed the lower court's decision. The court held that Callens's case did not fall under the "layman" exception, which allows for the absence of expert testimony in cases where the lack of skill is apparent to a layperson. The court determined that the care provided to Callens involved complex medical procedures beyond the understanding of an average layperson, thus requiring expert testimony. The court also upheld the qualification of Britton as a similarly situated health-care provider, noting that he had provided hands-on care in the relevant field during the year preceding Callens's injuries. Consequently, the summary judgment in favor of St. Martin's was affirmed. View "Callens v. Episcopal Foundation of Jefferson County" on Justia Law

In late 2019, a hospital sent letters to over a thousand patients, including Linda Gierek, informing them of potential exposure to infectious diseases due to a technician's failure to fully sterilize surgical instruments. Gierek filed a class-action complaint against the hospital, asserting claims of negligent infliction of emotional distress, negligence, and medical malpractice. She sought class certification for similarly situated patients and their spouses. The trial court consolidated Gierek’s action with a similar class-action claim filed by Cheyanne Bennett.The Indiana Patient’s Compensation Fund intervened, arguing that the claims sounded in ordinary negligence and thus the Medical Malpractice Act (MMA) did not apply. The hospital argued the opposite. The trial court ruled in favor of the hospital, stating the MMA applied, and denied the motion for class certification, citing lack of subject-matter jurisdiction while a proposed complaint was pending before a medical-review panel. On appeal, the Court of Appeals affirmed the MMA’s applicability but reversed the trial court’s decision on class certification jurisdiction.The Indiana Supreme Court reviewed the case and held that the MMA covers all claims for medical malpractice, not limited to bodily injury or death. The court also held that class certification is a proper preliminary determination under the MMA. The court affirmed in part, reversed in part, and remanded the case for the trial court to consider the plaintiffs’ motion for class certification. View "Gierek v. Anonymous 1" on Justia Law

Nicholas Hull sued North Lincoln Hospital District and several medical professionals for negligence in the death of his newborn son, Eli Hull. Canessa Hull, Nicholas's wife, went into labor on August 9, 2021, and was admitted to Star Valley Health. Due to complications during labor, Eli was born with a double-knotted nuchal cord and did not survive. The Hulls were initially informed by the attending doctors that the nuchal cord was the sole cause of Eli's death. However, in April 2023, Dr. Burk, an anesthesiologist, revealed that Eli's death was preventable and due to the failure to follow safety protocols during labor.The District Court of Lincoln County dismissed Mr. Hull’s complaint, ruling that his notice of governmental claim was untimely. The court found that the two-year period for filing the notice expired in September 2023, and Mr. Hull’s notice, submitted in July 2023, was defective. Mr. Hull argued that the period should be equitably extended due to the defendants' fraudulent concealment of the true cause of Eli’s death.The Supreme Court of Wyoming reviewed the case and affirmed the lower court's decision. The court held that Mr. Hull’s complaint did not adequately allege the elements required for equitable estoppel or equitable tolling. Specifically, the complaint failed to show that the delay in filing the notice was induced by the defendants' misinformation and that Mr. Hull acted on this misinformation in good faith, resulting in his failure to file a timely notice. Additionally, the complaint did not establish that the fraudulent concealment prevented Mr. Hull from complying with the statutory deadline, as he had over four months remaining to file a proper notice after discovering the concealment. Therefore, the court concluded that neither equitable estoppel nor equitable tolling applied, and the dismissal of the complaint was affirmed. View "Hull v. North Lincoln Hospital District" on Justia Law

Sentinel Energy Center, LLC owns a power plant in North Palm Springs and hired DGC Operations, LLC (OPS) to manage and operate the plant. In 2017, during annual maintenance, five OPS employees failed to follow the new depressurization protocol for the fuel filter skid, leading to an explosion that killed Daniel Collins. Collins's family sued Diamond Generating Corporation (DGC), which has a 50% indirect ownership in Sentinel and is the parent company of OPS, claiming DGC's negligence in safety oversight led to Collins's death.The Superior Court of Riverside County denied DGC's request to instruct the jury on the Privette doctrine, which generally shields a hirer from liability for injuries to an independent contractor's employees. The jury found DGC 97% at fault and awarded the plaintiffs over $150 million. DGC's motions for nonsuit and judgment notwithstanding the verdict, based on the Privette doctrine, were also denied.The Court of Appeal of the State of California, Fourth Appellate District, Division Three, reviewed the case. The court declined to grant judgment notwithstanding the verdict to DGC, citing unresolved factual questions about whether DGC retained control over the plant and negligently exercised that control. However, the court found that the trial court erred in not instructing the jury on the Privette doctrine and its exceptions, which could have led to a more favorable outcome for DGC. Consequently, the appellate court reversed the judgment and remanded the case for a new trial with instructions to include the Privette doctrine and its exceptions. View "Collins v. Diamond Generating Corp." on Justia Law

A woman sued her father, alleging childhood sexual abuse, and supported her claims with expert testimony on the accuracy of "recovered" memories. The abuse allegedly began when she was three years old and stopped in 1992. By 1995, she no longer recalled the abuse but began to develop confusing memories eighteen years later. These memories eventually led to her filing a lawsuit against her father for human trafficking, sexual abuse, assault, emotional distress, false imprisonment, and incest under federal and state law. She claimed her lawsuit was timely because she had repressed the memories of the abuse.In the United States District Court for the District of Delaware, the court allowed Dr. James Hopper to testify as an expert on repressed and recovered memories, despite objections from the defendant, Ronald A. Cohen. The court aimed to balance the testimony of Dr. Hopper with that of Dr. Deryn Strange, who testified that there is no scientific support for the theory that trauma victims can repress and later recover memories with clarity. The jury returned a mixed verdict, finding for the plaintiff on five state law counts and awarding her $1.5 million in damages.The United States Court of Appeals for the Third Circuit reviewed the case and found that the District Court abused its discretion by failing to properly analyze Dr. Hopper's qualifications and the reliability and fit of his testimony. The appellate court concluded that Dr. Hopper's testimony lacked the necessary scientific support and relevance to the case. The court determined that the admission of this testimony was prejudicial and affected the jury's verdict. Consequently, the Third Circuit vacated the judgment and remanded the case for a new trial. View "Cohen v. Cohen" on Justia Law

Jeane Whitfield filed a medical malpractice lawsuit against Dr. Dennis Schimpf and Sweetgrass Plastic Surgery, LLC, alleging negligence in performing breast augmentation-mastopexy surgery and in post-operative care. Whitfield experienced complications post-surgery, including severe pain and wound issues, leading her to seek further medical attention and additional surgeries. She claimed Schimpf's negligence caused her injuries and inadequate post-operative care exacerbated her condition.The jury in the Circuit Court of Charleston County found in favor of Schimpf and Sweetgrass, determining that Whitfield did not prove the defendants deviated from the standard of care. Whitfield appealed, and the South Carolina Court of Appeals affirmed the trial court's decision. Whitfield then petitioned for a writ of certiorari to the South Carolina Supreme Court, challenging two evidentiary rulings: the exclusion of evidence to show bias of Sweetgrass' office manager, Vicky Tolbert, and the admission of testimony from Schimpf's expert witnesses based on their Rule 35 examinations of Whitfield.The South Carolina Supreme Court found the Court of Appeals correctly affirmed the admission of the expert testimony but erred in affirming the exclusion of evidence of Tolbert's bias. The Supreme Court held that evidence of Tolbert's sexual relationship with Schimpf, her salary, and the free cosmetic procedures she received was relevant to show potential bias and should have been admitted. The Court determined that excluding this evidence was prejudicial to Whitfield's case, as it impacted the jury's ability to assess Tolbert's credibility. Consequently, the Supreme Court reversed the Court of Appeals' decision and remanded the case for a new trial. View "Whitfield v. Schimpf" on Justia Law

In January 2021, Bertrand Nedoss, an 87-year-old resident of an assisted-living facility in Morton Grove, Illinois, wandered out of the facility, developed hypothermia, and died of cardiac arrest. His estate filed a negligence and wrongful-death lawsuit against Welltower Tenant Group, the facility’s owner, and Frontier Management, its operator. Welltower and Frontier were insured under a "claims made" policy by Church Mutual Insurance Company, effective from July 1, 2020, to July 1, 2021. The estate filed the lawsuit in October 2021, after the policy expired. However, nine days after Bertrand’s death, an attorney for the Nedoss family sent a letter to the facility, claiming an attorney’s lien and demanding evidence preservation.The United States District Court for the Northern District of Illinois ruled that the attorney’s letter qualified as a "claim" under the policy, triggering Church Mutual’s duty to defend. The court entered partial summary judgment for Welltower and Frontier and stayed the rest of the federal case pending the outcome of the state lawsuit.The United States Court of Appeals for the Seventh Circuit reviewed the case. On the eve of oral argument, Welltower and Frontier settled with the estate, and the state-court case was dismissed. This development mooted the appeal. The stay order was the only possible basis for appellate jurisdiction, and the partial summary judgment was not a final order. The Seventh Circuit dismissed the appeal as moot, noting that the dismissal of the state-court case removed the justification for the stay and rendered any appellate ruling on the stay irrelevant. View "Church Mutual Insurance Company v. Frontier Management, LLC" on Justia Law

Father Constantine P. Rogakos, an 86-year-old retired Greek-Orthodox priest, visited Bon Secours-DePaul Medical Center for an outpatient abdominal ultrasound. He used a cane due to a shuffled gait and had a history of falls. At the hospital, he was provided a wheelchair to reach the waiting room. In the ultrasound room, he was instructed to change into a medical gown. While changing, he leaned on a wheeled hospital stretcher, which moved, causing him to fall and sustain severe injuries. He later died from these injuries.The Administrator of his estate filed a wrongful death and survivorship action against the hospital, alleging negligence by the sonographer, Joanna Regan, for failing to assist and ensure the stretcher's wheels were locked. The circuit court denied the hospital's motion to strike and refused to allow a hospital stretcher as a demonstrative exhibit. The jury found in favor of the plaintiff, awarding $2,000,000. The hospital's post-trial motions were denied.The Court of Appeals of Virginia affirmed the circuit court's decisions, including the admissibility of Father Rogakos' statements under the Dead Man’s Statute, the refusal to grant a multiple causes jury instruction, and the exclusion of the stretcher as a demonstrative exhibit. The hospital appealed to the Supreme Court of Virginia.The Supreme Court of Virginia affirmed the Court of Appeals' judgment. It held that the Dead Man’s Statute did not preclude the introduction of Father Rogakos' statements as they were conveyed by non-interested witnesses. The court also found no error in the circuit court's refusal to grant the multiple causes jury instruction, exclusion of the stretcher as a demonstrative exhibit, and denial of the hospital's motion to strike, as the evidence supported the jury's verdict. View "Bon Secours-DePaul Medical Center v. Rogakos-Russell" on Justia Law

In 2019, Steven Watts, an automotive repair shop owner, was diagnosed with mesothelioma, a cancer caused by asbestos exposure. He and his wife, Cindy Watts, filed a lawsuit against 28 defendants, later adding eight more. By the time of trial, only one defendant, Pneumo Abex, LLC (Abex), a brake linings manufacturer, remained. The jury awarded the plaintiffs $2,943,653 in economic damages, $6.75 million in noneconomic damages, and $1 million for loss of consortium, attributing 60% fault to Abex, 25% to other brake manufacturers, and 15% to Watts.The trial court directed a verdict against Abex on its sophisticated user defense and made several rulings on the allocation of fault. Abex appealed, arguing for a new trial on all issues, particularly challenging the directed verdict on the sophisticated user defense and the allocation of fault.The California Court of Appeal, First Appellate District, Division Two, reviewed the case. The court found that the trial court erred in directing a verdict against Abex on the sophisticated user defense, as there was substantial evidence that Watts, as a trained mechanic and business owner, should have known about the dangers of asbestos. The court also found errors in the trial court's rulings on the allocation of fault, including the exclusion of joint compound manufacturers from the verdict form and the preclusion of Watts's interrogatory responses.The appellate court concluded that these errors warranted a new trial. The court reversed the September 15, 2022 judgment, the November 28, 2022 order, and the March 20, 2023 amended judgment, and remanded the case for a new trial. Abex was awarded its costs on appeal. View "Watts v. Pneumo Abex" on Justia Law