Justia Civil Procedure Opinion Summaries

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

Eva Osborne, the plaintiff, sued Pleasanton Automotive Company, LOP Automotive Company LP, HAG Automotive Investments LP, and Bob Slap, alleging workplace misconduct by Slap during her four years as his executive assistant. The claims included discrimination, retaliation, harassment, failure to prevent harassment and retaliation, and wage and hour violations. Slap later filed a cross-complaint against Osborne, alleging libel, slander, intentional infliction of emotional distress, intentional interference with contractual relations, and negligence based on statements Osborne made in a letter to HAG’s HR director.The Alameda Superior Court granted Osborne’s special motion to strike Slap’s cross-complaint under the anti-SLAPP statute, concluding that her statements were protected activity and rejecting Slap’s arguments that they were extortionate and illegal. The court held that Slap could not establish minimal merit in his claims because Osborne’s statements were both absolutely and conditionally privileged under Civil Code section 47, and Slap failed to show malice to overcome the conditional privilege. Slap appealed the decision.The California Court of Appeal, First Appellate District, Division Two, applied de novo review and affirmed the trial court’s decision. The appellate court rejected Slap’s attempt to invoke an exception to the anti-SLAPP statute for activity that is illegal as a matter of law. The court concluded that the litigation privilege barred Slap’s claims, preventing him from meeting his burden under the second step of the anti-SLAPP analysis to show his claims had minimal merit. The court did not address Osborne’s alternative arguments regarding the conditional privilege, malice, or the prima facie showing on Slap’s claims. View "Osborne v. Pleasanton Automotive Co., LP" on Justia Law

In 2015, the plaintiff was injured when his vehicle was rear-ended by a truck driven by the defendant, who was employed by KLS Transportation, Inc. The plaintiff experienced significant pain and underwent extensive medical treatment, including surgeries and the implantation of a spinal cord stimulator. The plaintiff filed a personal injury lawsuit against the defendant and KLS, with National Liability & Fire Insurance Company intervening on behalf of KLS.The Superior Court of Sacramento County entered a judgment awarding the plaintiff $3,299,455 in damages for past and future economic earnings and noneconomic loss. The defendants challenged the awards for past and future medical damages, lost earnings, future noneconomic damages, and the award for costs and prejudgment interest. The trial court denied the defendants' motions for a new trial and partial judgment notwithstanding the verdict.The California Court of Appeal, Third Appellate District, reviewed the case. The court reversed the awards for past and future medical expenses, finding that the trial court had improperly interpreted the scope of the Hospital Lien Act (HLA) and admitted evidence of the reasonable value of services that exceeded the amounts paid by the plaintiff or his insurer. The court also found that the award for future medical expenses was not supported by substantial evidence, particularly regarding the need for a dorsal root ganglion stimulator. The court affirmed the awards for past and future lost earnings, finding sufficient evidence to support the jury's conclusions. The award for future noneconomic damages was also upheld, as the evidence established that the plaintiff would suffer severe pain and emotional distress in the future. The court vacated the award for costs and prejudgment interest and remanded the matter for a new trial limited to the issues of past and future medical expenses. View "Yaffee v. Skeen" on Justia Law

Jack Greener, a Brazilian jiu jitsu (BJJ) student, suffered a fractured neck and spinal cord injury during a sparring session at Del Mar Jiu Jitsu Club, owned by M. Phelps, Inc. Greener sued, alleging negligence by his instructor, Francisco Iturralde, and vicarious liability by M. Phelps, Inc. The defendants argued that the primary assumption of risk doctrine absolved them of liability, as BJJ is an inherently risky sport.The Superior Court of San Diego County instructed the jury using option 2 of CACI No. 471, which holds a sports instructor liable if they unreasonably increased the risks to the student beyond those inherent in the sport. The jury found in favor of Greener, awarding him $46 million in damages. The defendants appealed, arguing that the trial court erred in its jury instructions and verdict form, and in excluding certain evidence.The Court of Appeal, Fourth Appellate District, Division One, State of California, reviewed the case. The court concluded that the trial court correctly instructed the jury on option 2 of CACI No. 471, as the evidence showed that Iturralde's actions unreasonably increased the risk of injury to Greener. The court emphasized that Iturralde, as an instructor with superior knowledge and skill, should be held to a different standard than a student coparticipant. The court also found that the trial court did not abuse its discretion in excluding certain evidence, as it was either irrelevant or cumulative.The Court of Appeal affirmed the judgment, holding that the trial court properly applied the increased risk standard and that the exclusion of evidence did not constitute an abuse of discretion. The court suggested that the Judicial Council Advisory Committee on Civil Jury Instructions consider revising CACI No. 471 to minimize confusion and avoid the need to cross-refer to other instructions. View "Greener v. M. Phelps, Inc." on Justia Law

Houston Police Department Officers Richard Corral and C. Goodman were involved in a high-speed chase of a suspect who had solicited an undercover detective and fled in a stolen vehicle. During the pursuit, Corral's patrol car hit a curb and collided with a pickup truck driven by Ruben Rodriguez and Frederick Okon. Corral claimed the accident occurred because his brakes did not stop him in time. Rodriguez and Okon sued the City of Houston, alleging Corral's negligent driving caused their injuries.The trial court denied the City’s motion for summary judgment, which argued that Corral was protected by official immunity because he acted in good faith and that the emergency exception to the Tort Claims Act applied. The Court of Appeals for the Fourteenth District of Texas affirmed, holding that a fact issue existed regarding whether Corral knew his brakes were not functioning properly, which precluded summary judgment.The Supreme Court of Texas reviewed the case and concluded that Corral acted in good faith as a matter of law. The Court found that Corral's statement about the brakes not working did not reasonably support an inference that he had prior awareness of any defect. The Court emphasized that the summary-judgment evidence showed Corral's brakes were functional but did not stop him in time. The Court also held that the City conclusively established Corral's good faith in making the turn during the pursuit, and the plaintiffs failed to raise a fact issue to controvert this proof.The Supreme Court of Texas reversed the Court of Appeals' judgment and rendered judgment dismissing the case, holding that the City’s governmental immunity was not waived under the Tort Claims Act because Corral was protected by official immunity. View "CITY OF HOUSTON v. RODRIGUEZ" on Justia Law

In 2017, Samantha Braun was rear-ended by Radena Wollman in a car accident. Wollman admitted fault, and the case proceeded to a jury trial to determine damages. Braun claimed various injuries, including a traumatic brain injury, and sought significant damages. During the trial, the circuit court admitted several of Braun's medical records over her objections, citing the business records hearsay exception. The jury awarded Braun $125,000, which was significantly less than she requested. Braun appealed, arguing that the admission of her medical records was an abuse of discretion and prejudiced her right to a fair trial.The Circuit Court of the Fifth Judicial Circuit admitted the medical records, finding sufficient foundation and applying the business records hearsay exception. Braun objected, arguing lack of foundation and hearsay. The court overruled most of her objections and admitted the records. The jury awarded Braun $125,000 in damages, which she appealed, claiming the court's admission of the records was erroneous and prejudicial.The Supreme Court of South Dakota reviewed the case and found that the circuit court erred in admitting the medical records under the business records exception without proper foundation. However, the court determined that Braun's statements in the records were admissible as non-hearsay, and some statements were admissible under the medical diagnosis or treatment exception. Despite the errors, the court concluded that Braun did not demonstrate substantial prejudice affecting the jury's verdict. The court affirmed the lower court's decision, upholding the $125,000 damages award. View "Braun v. Wollman" on Justia Law