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Tag Archives: Negligence

Father of guard fails to show prison officials created danger (access required)

Where a prison guard was beaten to death by an inmate, her father’s suit failed to plead facts showing how individuals who managed the prison or worked there created or enhanced the danger that resulted in her death. Background Sergeant ...

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Treating physicians may testify regarding cause of injury (access required)

Where a woman’s treating physicians reached their opinions while treating her that a motor vehicle accident caused her spinal injury, no expert report was necessary. And where the opinions were disclosed during discovery and depositions, there was no prejudice to ...

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Trooper’s testimony incorrectly admitted in car crash case (access required)

Where a police officer’s testimony amounted to his subjective interpretation of what plaintiff told him while he was investigating an accident, in which defendant rear-ended plaintiff’s car, the trial court should have excluded the testimony. Trouble ahead Grimsley, the plaintiff, ...

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No claim for negligent supervision of nonemployee (access required)

Where the owner of two annuities alleged her financial adviser transferred the proceeds into a Ponzi scheme, her negligent supervision claim against a life insurance company failed because the adviser was not its employee. Background On Oct. 21, 2019, plaintiffs ...

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$4.84M verdict vacated due to unreliable experts (access required)

Where the district court never addressed the defendant’s challenges to one expert’s proximate causation opinions, and never made relevance or reliability rulings about either expert’s opinions, it abdicated its gatekeeping functions. Because it was error to admit the experts’ opinions, ...

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