Defendant Highland Threads, Inc. files its No-Evidence Motion for Summary Judgment pursuant to the Texas Rules of Civil Procedure 166a(i) and respectfully asks the Court to sign a final summary judgment disposing of Plaintiff’s claims against it. Pursuant to the Texas Rule of Civil Procedure 41, Defendant simultaneously files this Motion to Sever to have Plaintiff’s claims against it severed so that the summary judgment can be made final as to Defendant Highland Threads, Inc.
I.
DEFENDANT HIGHLAND THREADS’ NO-EVIDENCE
MOTION FOR SUMMARY JUDGMENT
This is a wrongful death/survivorship suit, which allegedly arises from accident that occurred on May 12, 2012; Plaintiff’s decedent, Mr. Waggoner, allegedly fell and struck his head against a wall caused by an allegedly faulty chair. Approximately four months later, the decedent began to complain of severe dizziness and nausea. The decedent died shortly thereafter. Plaintiff alleges negligence and gross negligence claims against Highland Threads, Inc. (hereinafter “Highland Threads”). Plaintiff alleges that Highland Threads supplied the chair to Mr. Waggoner and that Highland Threads should have been aware of issues with the chair it supplied for the security
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The components of proximate cause are cause in fact and foreseeability. Both of these elements must be established in order for liability to attach. These elements cannot be established by mere conjecture, guess, or speculation. Plaintiff has provided no evidence to establish causation as a matter of law. The test for cause in fact is whether the alleged negligence was a substantial factor in bring about the injury and without such injury the harm would not have occurred. “Substantial” means that the defendant’s conduct has such an effect in producing the harm as to lead the reasonable person to regard it as the
If anyone becomes the cause for an injury on your body, whether directly or indirectly, automatically becomes liable to compensate you, under the Negligence and Personal Injury laws of the State of Florida. It is important to hire a professional attorney’s valuable services to receive proper compensation and justice for the harm done to your body. Deadlines for Filing the
The Plaintiff did not fulfill her contractual obligation to negotiate her claim with the Defendant prior to filing the lawsuit. The Defendant affidavit is attached herein. CONCLUSION Based on the foregoing fact, and as the Plaintiff did not fulfill her contractual obligations, Defendant requests the Court to dismiss this case complying with forgoing New York federal court decision. Date: New York, New York June 18,
. ," and the reason must have some logical relationship to the needs of the business. Buck v. Billings Mont. Chevrolet, Inc., 248 Mont. 276, 281-82, 811 P.2d 537, 541 (1991). To overcome summary judgment for good cause, Chigurh must prove that he was neither let go for economic reasons nor for managerial discretion.
Plaintiff states that MOS kicked his legs causing plaintiff to fell on his face into a puddle of urine, rock salt, and gravel. Plaintiff states that he was taken to hospital for treatment. Plaintiff accepted an
As he encountered the bare patch, his knee gave { OL 66 }way and he collapsed in { OL 66 }pain on the ground. The Plaintiff testified a trial that he felt as if his foot simply went into the sand more than anything else and simply gave way. The Plaintiff brought proceedings against the Association and the { OL 66 }Council for damages arising out of the injuries sustained.
For more than two decades, Robert J. Talaska has dedicated his legal career to representing plaintiffs in medical malpractice cases involving birth injury, trauma or wrongful death. Prior to founding the Talaska Law Firm in 1998, Mr. Talaska handled complex or catastrophic medical malpractice cases for families in the greater Houston, Texas, area. Although his current offices are also in Houston, Mr. Talaska represents clients throughout the state of Texas. He is rated AV-Preeminent* by Martindale-Hubbell and is certified by the Texas Board of Legal Specialization in personal injury trial law. After completing his bachelor's degree at Beloit College, Mr. Talaska earned his Juris Doctor from the University of Houston Law Center in 1988.
This is a case concerning negligence. The plaintiff, Mr. Davis’s wife, wishes to bring this case to the court under negligence law because of the death of her husband in a car accident. There are two defendants in this case. The first defendant, GM Holden Ltd, is a car manufacturer. The second defendant, Brown’s employee, is a truck driver.
INTRODUCTION This is a construction defect case wherein Defendant SMS Construction, LLC (“SMS Construction” or “Defendant”) is attempting to disclaim its duties and obligations as general contractor. SMS has not offered any evidence regarding damages. The Court must exclude all testimony and opinion from Defendant regarding damages. Likewise, Defendant has not offered any evidence that third-party subcontractors and/or Plaintiff James Bannie (“Plaintiff” or “Bannie”) caused or contributed to the damage at the Property; this evidence and testimony must be excluded. The Court must also exclude damage from Mr. Geoffrey Jillson of Guy Engineering because his testimony will be based on hearsay which is inadmissible and he does not qualify as an expert to testify
But, after the accident the plaintiff reported back pain, so he went to Dr. Gulish. Years after the accident he was still experiencing pain. Dr. Gulish found some signs that could have caused him pain, but an anonymous call said that the plaintiff was selling his prescribed medicine. But, no real evidence was found. The plaintiff did this because he wanted the judge to think it caused major injuries to him so that he would win the case.
Summary of the fact of the case: Plaintiff Gregory D. Hanks enjoyed his vacation and went to snowtube with four children at Powder Ridge Ski Resort on February 16 2003, where is a place for ski, snowboard and snowtube. Neither the Plaintiff nor these four children had experiences of using snowtube at Powder Ridge Ski Resort. This facility was opened for all guests, but there were 2 restrictions of age and height that players at least 6 years old or 44 inches tall were allowed to participate. Furthermore, who wants to snowtube at Powder Ridge Ski Resort were asked to sign a “Waiver, Defense, Indemnity and Hold Harmless Agreement, and Release of Liability” (Agreement written by Powder Ridge, 2003). The Agreement declared that by signing this
In the third count of her complaint, Ellina contends that Gil negligently made statements about Ellina that caused Ellina damage. “A complaint alleging negligence must contain the following elements: (1) that the defendant was under a duty to protect the plaintiff from injury, (2) that the defendant breached that duty, (3) that the plaintiff suffered actual injury or loss, and (4) that the loss or injury proximately resulted from the defendant’s breach of the duty.” Lloyd v. GMC, 397 Md. 108, 132 (2007) (internal quotations omitted). Critically, a plaintiff need not make an assertion regarding the defendant’s subjective intent to state a claim for negligence. Indeed, Ellina’s allegation of negligence is silent as to whether Gil acted to cause Ellina injury, or whether he subjectively knew that his averments were false.
A few minutes after injury, the claimant claimed she informed co-worker, Jose Cruz of her accident after she was not able to locate Supervisor Kirk Esparza, who left work before the accident occurred. On 8/31/15 Supervisor Esparza received a phone call from a co-worker, Jose Cruz, who informed him of the claimant’s
Under the circumstances in which the case reached the Illinois Supreme Court, it was held that the verdict against the hospital should be sustained if the evidence supported the verdict on any one or more of the 20 allegations of negligence. Allegations asserted that the hospital was negligent in its failure to (1) provide a sufficient number of trained nurses for bedside care for all patients at all times, in this case, nurses who were capable of recognizing the progressive gangrenous condition of the plaintiff's right leg, and (2) failure of its nurses to bring the patient's condition to the attention of the hospital administration and staff so that adequate consultation could be secured and the condition
While Mrs. Mabee carried the jugs from the front door toward the back of the house, one of the jugs shattered and spilled on her body and on the dining room floor and furniture, causing severe damage. 2 & 3 -The Product was so defective that the product was unreasonably dangerous and cause the plaintiff’s injury. It was evident the product was defective since as soon the jugs were handed over to Mrs. Mabee by the delivery driver, the jugs shattered causing injury instantly. Jeanny
What are the four elements of proof necessary for a plaintiff to succeed in a negligence case? The four elements of proof necessary for a plaintiff to succeed in a negligence case are: (i) Duty of care, (ii) Breach of duty, (iii) Injury, (iv) Causation (i)Duty of care: Duty can be defined as a legal obligation the defender or a wrongdoer owes to the plaintiff. When the law recognizes a relationship between two parties, the duty of care arises. These parties are called defendant and the plaintiff.