First Department modifies order, denying summary judgment to all parties in multi-vehicle accident where both bus and truck committed Vehicle and Traffic Law violations, creating triable issues of comparative fault.
The Second Department affirmed denial of summary judgment for both a property owner and wire owner in a motorcycle accident caused by a low-hanging communications wire weighed down by a fallen tree branch.
The Second Department affirmed denial of summary judgment in an e-bike collision case, finding the defendants’ own evidence presented conflicting accounts of the accident.
California Court of Appeal affirms $24.7 million jury verdict against a foster family agency, holding that an FFA’s duty of care requires liability where it knew or should have known of a foster parent’s risk of sexual abuse, applying the Rowland v. Christian factors to adopt a constructive knowledge standard.
The Tenth District denied a Columbus police officer statutory immunity in a fatal K-9 unit shooting, finding genuine factual disputes about whether the officer recklessly perceived a threat before firing.
Connecticut Appellate Court reverses a $42 million verdict against a product shipper, holding that a warehouse worker’s catastrophic injuries from falling unsecured freight were not a reasonably foreseeable consequence of the shipper’s failure to stretch-wrap a pallet.
The Fifth District affirmed summary judgment for deputies in a K-9 bite case, holding that claims alleging a duty to intervene in a K-9 attack are essentially battery claims governed by the one-year statute of limitations, not custodial negligence claims.
The Twelfth District affirmed summary judgment on res judicata grounds, holding that a prior summary judgment ruling on a premises liability claim was a final judgment on the merits even though the plaintiff later voluntarily dismissed the case under Civ.R. 41(A).