Justia U.S. 8th Circuit Court of Appeals Opinion Summaries

Articles Posted in Personal Injury
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This case arose out of an accident that killed three people and injured others. Family members of the deceased and the driver filed suit against Toyota alleging various claims. The jury found that the driver was 40 percent at fault and Toyota was 60 percent at fault for the collision. The Eighth Circuit held that the district court did not abuse its discretion by admitting evidence of a limited number of substantially similar incidents; the district court did not abuse its broad discretion by allowing plaintiff's expert's opinion under FRE 702; the district court did not err by denying Toyota's motion for judgment as a matter of law where plaintiffs presented sufficient evidence from which a jury could find that the 1996 Camry contained a design defect; the district court erred in awarding prejudgment interest and vacated the award of prejudgment interest to Plaintiff Trice; and Trice's award should not be reduced by the amount that Plaintiff Devyn previously recovered from the driver and the driver's insurers. Accordingly, the court affirmed in part, reversed in part, and remanded for further proceedings. View "Adams v. Toyota Motor Corp." on Justia Law

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Plaintiffs filed suit in state court against defendants, alleging claims of defamation, invasion of privacy, and intentional and negligent infliction of emotional distress. Plaintiff alleged that defendants published false information to discredit and humiliate him in retaliation for his public allegations that he was sexually abused by priests. On appeal, plaintiff challenged the district court's orders denying plaintiff's motion for remand and dismissing his causes of action for failure to state a claim. The court agreed with defendants that Missouri Defendants McLiney and O'Laughlin were fraudulently joined; Defendants KCCL sufficiently consented to removal; and thus the court affirmed the denial of plaintiff's motion for remand. The court also affirmed the district court's dismissal of plaintiff's defamation claim as time-barred under Missouri's borrowing statute. Because plaintiff alleged that false statements injured his reputation, defamation, not invasion of privacy, was in fact the basis of his cause of action. Therefore, the court affirmed the district court's dismissal of plaintiff's invasion of privacy claim. Finally, the court affirmed the dismissal of plaintiff's claims for intentional infliction of emotional distress and negligent infliction of emotional distress. View "Couzens, Jr. v. Donohue" on Justia Law

Posted in: Personal Injury