Justia Government & Administrative Law Opinion Summaries
Articles Posted in Injury Law
Bertoli v. City of Sebastopol
Bertoli was struck by a car as she walked inside a crosswalk on state Highway 116, and was rendered permanently physically and mentally disabled. Her attorney, Rouda, erved the Sebastopol Police Department with a request under the Public Records Act (Gov. Code, 6250) seeking all evidence, including photos, reports, audio logs, handwritten notes, and emails, with respect to the accident, and any surveys, traffic or pedestrian counts, and letters or complaints received with respect to the intersection, for the past 10 years. The city claims never to have received the request, but that, in response to an earlier request, had produced a copy of the collision report, notes of the investigating officer, and a report listing all accidents on Healdsburg Avenue for the past 10 years. Rouda submitted an additional PRA request, seeking 62 different categories of records. The city characterized the request as “overly extensive, overly broad and, in some cases, unlimited in time.” Ultimately, the trial court denied Rouda’s request for a writ of mandate, found the litigation “clearly frivolous” and awarded the city costs and attorneys fees. The court of appeal reversed with respect to fees and costs, reasoning that the city was not justified with respect to requested electronically stored information. View "Bertoli v. City of Sebastopol" on Justia Law
Hill v. City of Horn Lake
The City of Horn Lake contracted with Phillips Construction Company and its owner Michael Phillips to work on a sewer project. Two employees of Phillips, Bertram Hill and David Mooneyhan, were working near the bottom of a trench that was seventeen feet deep when the walls of the trench suddenly collapsed. Mooneyhan was killed, and Hill was injured. Mooneyhan's beneficiaries and Hill (collectively "Plaintiffs") sued the City for Phillips' negligence under respondeat superior and also alleged that the City had negligently hired Phillips. The circuit court granted summary judgment in favor of the City. Plaintiffs appealed. Finding that the City only acted in a supervisory role over the project, the Supreme Court concluded that was not enough to trigger a master-servant relationship for the elements of respondeat superior. The Court found that the trial court's grant of summary judgment in favor of the City was proper, and therefore affirmed the judgment. View "Hill v. City of Horn Lake" on Justia Law
Sellers v. Twp. of Abington
In 2006, Scott Simons, Matthew Senger and Joshua Sellers (decedent) met at the home of a mutual friend in Abington Township. Simons had been drinking all day prior to this engagement, but testified that he did not drink at the residence. In the early morning hours of December 24, 2006, Senger and the decedent asked Simons for a ride home. None of the men fastened their seatbelts. Simons testified that he was, in fact, drunk when he left the party, and admitted that this was not the first time he had driven his friends home drunk. Simons testified that the police car made a U-turn and began following Simons with its lights and siren activated. Simons admitted that instead of pulling over, he fled, as he was “scared of getting a DUI.” Senger testified that when Simons initially “floored his car,” he was not aware that police were pursuing the car. Senger estimated that Simons was driving “well over 100” miles per hour. Senger testified that both he and decedent then asked Simons to slow down, as they were aware of a dip in the road ahead. Simons continued at a high rate of speed and ultimately hit the dip in the road. The car was sent airborne and crashed into trees and a parked pickup truck. Simons and Senger suffered minor injuries, while decedent was ejected from the vehicle and thrown 20 feet away, suffering a catastrophic brain injury, along with other injuries. Appellants Celeste and Richard Sellers, parents of the decedent, filed a wrongful death and survival action against appellees the Township of Abington, Officer Edward Howley, and Lieutenant Karl Knott asserting claims for negligence and punitive damages. Appellants alleged that appellees caused the death of decedent when Officer Howley negligently, recklessly, and willfully initiated and failed to terminate a high speed pursuit of Simons’ vehicle. After the completion of discovery, Appellees moved for summary judgment based upon governmental immunity. The central issue this case presented for the Supreme Court's review was whether a local agency owed a common law or statutory duty of care to a passenger of a fleeing vehicle, whose existence or relationship to the fleeing driver was unknown to the pursuing police officer. The Commonwealth Court concluded that appellees did not owe a duty of care to fleeing suspects. After review, the Supreme Court affirmed the Commonwealth Court's decision. View "Sellers v. Twp. of Abington" on Justia Law
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Government & Administrative Law, Injury Law
Hannay v. Dept. of Transp.
Heather Hannay brought an action against the Department of Transportation (MDOT), seeking damages for injuries she suffered when a salt truck driven by one of MDOT’s employees ran a stop sign and struck her car. After a bench trial, the court awarded Hannay $474,904 in noneconomic damages, $767,076 for work-loss benefits, and $153,872 in expenses for ordinary and necessary services. MDOT appealed, and Hannay cross-appealed. Harold Hunter, Jr., brought an action in the Genesee Circuit Court against David Sisco, Auto Club Insurance Association, and the city of Flint Transportation Department seeking damages for injuries suffered when a dump truck owned by Flint and driven by Sisco sideswiped Hunter’s vehicle. Flint moved for summary judgment. The court denied the motion. Flint appealed. The Court of Appeals in Hannay v. Dep’t of Transp concluded that economic damages are compensable under the motor vehicle exception, while the Court of Appeals in Hunter v. Sisco concluded that noneconomic damages are not compensable under this exception. Upon review of both cases, the Supreme Court concluded that “bodily injury” was a category of harm for which governmental immunity from tort liability was waived under MCL 691.1405 and for which damages that naturally flow were compensable. The Court therefore held that a plaintiff could bring a third-party tort action for economic damages, such as work-loss damages, and noneconomic damages, such as pain and suffering or emotional distress damages, against a governmental entity if the requirements of MCL 500.3135 have been met. In Hannay, the Court concluded that the work-loss damages in dispute were too speculative (plaintiff was in school to become a hygienist, not an actual hygienist at the time of the accident) to support the damages award as presented at trial. The Court affirmed the appellate court in Hannay with respect to the type of damages recoverable for bodily injury under the motor vehicle exception to governmental immunity, but reversed on plaintiff's claim for work-loss damages as a dental hygienist. In Hunter the Court reversed the appellate court with respect to the type of damages recoverable for bodily injury under the motor vehicle exception to governmental immunity. Both cases were remanded for further proceedings in their respective trial courts.View "Hannay v. Dept. of Transp." on Justia Law
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Government & Administrative Law, Injury Law
Across Big Sky Flow Testing, LLC v. WSI
Across Big Sky Flow Testing, LLC appealed a district court judgment affirming an administrative law judge's award of benefits in the death of Dustin Bergsing. Dustin Bergsing, an employee of Big Sky, was stationed at an oil tank site. Bergsing's duties included gauging the oil in tanks two times per hour, switching tanks when necessary and requesting a truck to pick up oil when the tanks were full. Shortly after midnight on January 7, another employee was sent to the site when a high tank level warning occurred. The employee found Bergsing's body lying next to an unlatched tank cover, a log book showing he last logged a tank at 10:00 p.m. and his gauging tape which was cleaned, coiled and sitting on the tank. A toxicology report showed multiple hydrocarbon compounds and components of petroleum in Bergsing's blood and lungs. An autopsy showed pulmonary edema and heart failure. Big Sky argued the greater weight of the evidence and the applicable law did not support the determination Bergsing suffered a work-related death. The Supreme Court affirmed, concluding a reasoning mind reasonably could have determined the findings were supported by the weight of the evidence.View "Across Big Sky Flow Testing, LLC v. WSI" on Justia Law
Cont’l Ins. Co. v. United States
Water flows through Old Hickory Dam on the Cumberland River toward Nashville. The Dam’s reservoir is divided into three pools. If water exceeds the capacity of the surcharge pool, the Army Corps of Engineers must accelerate discharges through the dam to prevent it from being destroyed. The surcharge pool is kept empty except during floods. An unprecedented storm swept through the Cumberland River Basin on May 1–2, 2010. Water was kept at its usual depth even though the Corps was aware of the forecast; discharges through the dam were not increased until a flood emergency was declared. Releases were less than the natural flows from the rainfall and the stormwater draining into the reservoir. While the Corps’ manager was absent, water levels in the reservoir rose in the surcharge pool. When the water level had risen to the top of the surcharge pool, the Corps was forced to release massive volumes of water, but never warned downstream residents about the unprecedented discharge. The discharged waters reached the Nashville area, breaching levees and destroying and damaging property. The Sixth Circuit affirmed dismissal, reasoning that the claims are barred by the discretionary function exception to the Federal Torts Claims Act.View "Cont'l Ins. Co. v. United States" on Justia Law
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Government & Administrative Law, Injury Law
Conway v. County of Tuolumne
Plaintiff filed suit against the County after officers fired a tear gas canister into plaintiff's mobile home. On appeal, plaintiff challenged the trial court's grant of summary judgment to the County. In this case, once the officers decided to arrest plaintiff's adult son, they were vested by the Department with discretion to determine the means by which the arrest should be carried out, including the possible use of tear gas as a way to determine whether plaintiff's son was in plaintiff's house. Therefore, the court affirmed the judgment, concluding that the County was immune under Government Code section 820.2, which provides immunity for discretionary acts of County employees.View "Conway v. County of Tuolumne" on Justia Law
Zauflik v. Pennsbury School District
Appellant Ashley Zauflik sustained severe and permanent injuries when a school bus owned by, and operated by an employee of, appellee Pennsbury School District accelerated out of control onto a sidewalk and struck twenty students. The issue this case presented for review did not concern liability - it was a challenge to the constitutionality of the $500,000 statutory limit available in tort from a local agency such as Pennsbury. The lower courts, consistently with governing Pennsylvania law denied the challenges to the damages cap. Finding no reversible reason, the Supreme Court affirmed the lower courts.View "Zauflik v. Pennsbury School District" on Justia Law
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Government & Administrative Law, Injury Law
Molfino v. Yuen
Plaintiff sued the County of Hawai’i for negligence, alleging that it breached a legal duty to use reasonable care in maintaining pertinent correspondence in its property files contained in the Planning Department and that this breach caused Plaintiff monetary damages. The circuit court granted the County’s motion for summary judgment, concluding that the County had no statutorily-based duty to maintain Planning Department records with unerring accuracy. The intermediate court of appeals affirmed. The Supreme Court affirmed, holding (1) neither Rule 1-8 of the Hawai’i County Planning Department Rules of Practice and Procedure nor Haw. Rev. Stat. 92F provide a statutory basis for imposing negligence liability upon the County Planning Department based on a breach of any duty to maintain its property files in accurate and timely condition at all times; and (2) policy considerations counsel against the judicial creation of such a legal duty under the common law .View "Molfino v. Yuen" on Justia Law
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Government & Administrative Law, Injury Law
Octave v. Walker
At issue in this case was whether appellants waived the mental health records privilege provided under the Mental Health Procedures Act (MHPA) by filing a negligence suit to recover for physical injuries sustained by James Octave upon being struck by a tractor-trailer driven by appellee David Walker. The incident occurred in 2007; based on eyewitness reports, the state police concluded James attempted to commit suicide by jumping under the truck's trailer. Appellant Susan Octave, James's wife, filed a complaint in her own right and on behalf of James, an incapacitated person, against the Pennsylvania Department of Transportation (DOT), Walker, and a number of other parties based upon their purported negligence. Because the state police concluded James was attempting to commit suicide, appellees sought discovery information regarding his mental health history and access to his mental health records, which Susan refused to provide. Appellees filed a motion for leave to access and copy sealed files pertaining to James's involuntary commitments pursuant to the MHPA and a motion to compel the execution of authorizations pertaining to his mental health and involuntary commitment records and full and complete answers to interrogatories. Thereafter, appellants filed an amended complaint, alleging James only suffered physical injuries as a result of the incident. The trial court issued denying appellees' motions, reasoning that because the amended complaint removed allegations pertaining to mental injuries, it did not place James's mental condition at issue. Appellees appealed to the Commonwealth Court, contending the trial court erred when it denied them access to James's mental health records specifically arguing the MHPA's confidentiality provisions were waived by Susan because she placed James's mental health at issue by filing the complaint. The Commonwealth Court reversed and remanded, finding "Susan Octave directly put James Octave's mental history, especially as it pertains to his previous suicide attempts, or considerations or contemplations of suicide at issue. The Supreme Court granted allocatur to address whether, given that petitioners amended their complaint to no longer raised a question of mental health, did the petitioners still put mental health at issue and impliedly waive the protections of 50 P.S. sec. 7111 though the act of filing the lawsuit. The Supreme Court held that a patient waives his confidentiality protections under the MHPA where, judged by an objective standard, he knew or reasonably should have known his mental health would be placed directly at issue by filing the lawsuit.View "Octave v. Walker" on Justia Law