579 results for 'cat:"Vehicle"'.
J. Grove finds the district court properly entered judgment in favor of a driver in this uninsured motorist claim stemming from the insurer’s client causing a car crash. The client failed to have a supervised adult in the vehicle since she only had a learner’s permit. The matter of attorney fees and cost is remanded for further proceedings. Affirmed in part. Reversed in part.
Court: Colorado Court Of Appeals, Judge: Grove, Filed On: May 16, 2024, Case #: 2024COA54, Categories: Insurance, vehicle, Negligence
Per curiam, the appellate division finds that the lower court improperly dismissed this personal injury suit stemming from a car accident. Issues of fact remain as to whether the defendant driver was at fault in causing the accident, and whether the plaintiff driver sustained a serious injury as a result of the collision. Reversed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 15, 2024, Case #: 02718, Categories: Tort, vehicle
[Consolidated] J. Bokor finds the trial court properly denied the motorist's motions for a directed verdict and new trial in her lawsuit over a car accident. Because there was enough evidence to prove the motorist was at least partially responsible for the accident, her motion for a directed verdict was correctly denied, and the errors the motorist points to regarding her lawyer's overruled objections to questioning about inconsistent statements she made about her speed at the time of the accident, if they were errors, were harmless. Affirmed.
Court: Florida Courts Of Appeal, Judge: Bokor, Filed On: May 15, 2024, Case #: 23-0088, Categories: vehicle, Negligence
J. Barrett finds the trial court properly convicted defendant for aggravated assault, fleeing by vehicle and related charges. Officers testified to a pursuit involving a vehicle with no license plates that reached speeds of more than 100 mph and included sudden turns, as well as driving on the wrong side of the road. The male driver ran after crashing due to hitting stop sticks. After defendant escaped, a police dog found his shirt and he was apprehended and identified by pursuing officers and dashcam video. Sufficient evidence supports the convictions and any prejudice caused by unrecorded custodial statements made by defendant is not preserved for appellate review. There is also no constitutional right to have such statements recorded. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Barrett , Filed On: May 15, 2024, Case #: CR-23-381, Categories: Evidence, Escape, vehicle
J. Pulliam remands a car accident lawsuit to state court because, while there is a genuine factual dispute over who owns a cab involved in the accident, the court at this point “must resolve all factual issues, doubts as to the propriety of removal, and ambiguities in favor of” the suing parties, and this federal court therefore lacks jurisdiction.
Court: USDC Western District of Texas , Judge: Pulliam, Filed On: May 15, 2024, Case #: 5:24cv320, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Tort, vehicle, Jurisdiction
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[Consolidated.] Per curiam, the court of appeals finds that there is no reversible error in the record relating to defendant's conviction and sentence for aggravated assault with a deadly weapon and racing on a highway causing serious bodily injury. Affirmed.
Court: Texas Courts of Appeals, Judge: Per curiam, Filed On: May 14, 2024, Case #: 01-23-00737-CR, Categories: Assault, vehicle
J. Williams finds that plaintiff should be granted summary judgment in claims stemming from the recall of her "FCANCER" vanity license plate because the regulation prohibiting vanity plates unconstitutionally vests reviewers with the discretion to restrict private speech, outside the confines of unprotected speech such as hate speech.
Court: USDC Delaware, Judge: Williams, Filed On: May 14, 2024, Case #: 1:21cv1133, NOS: Other Civil Rights - Civil Rights, Categories: Constitution, vehicle
J. Solomon finds that the appellate division properly ruled against plaintiff in claims seeking personal injury protection as a pedestrian after he was struck and injured by an automobile while he was riding a low-speed electric scooter. At the time of the accident, the scooter was being propelled by more than muscular power, and the vehicle was designed for highway use. Meanwhile, expanding the definition of "pedestrian" to include scooter operators would fall under the purview of the state legislature. Affirmed.
Court: New Jersey Supreme Court, Judge: Solomon , Filed On: May 14, 2024, Case #: A-12-23, Categories: vehicle, Negligence
J. Cradle finds the Commissioner of Motor Vehicles properly found the towing company levied excessive charges against a customer and ordered it to pay restitution. It not only failed to abide by statutory hourly rates for emergency recovery services, but did not provide any explanation for certain charges and failed to keep adequate records. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Cradle, Filed On: May 10, 2024, Case #: AC45605, Categories: Administrative Law, Evidence, vehicle
J. Rambin affirms a trial court’s summary judgment ruling against one of two female family members in a car collision action, finding the older female’s claim in the suit is time-barred. On appeal, however, the trial court’s ruling of summary judgment is reversed and remanded as improper as to the younger female because she was a 16-year-old minor at the time of the accident; the limitations were tolled until she reached 18. Reversed in part.
Court: Texas Courts of Appeals, Judge: Rambin, Filed On: May 10, 2024, Case #: 06-24-1, Categories: Civil Procedure, Tort, vehicle
Per curiam, the Texas Supreme Court finds that the court of appeals improperly approved damages awarded to a woman who sued a truck driver and his employer after being injured in an accident. The truck driver moved for a mistrial after the woman's attorney said that the driver's suggestion of damages was lower because she was a woman and African-American, which the court denied. The accusation made by the woman's counsel created incurable harm to the jury, thus necessitating the case to be revisited. Reversed.
Court: Texas Supreme Court, Judge: Per curiam, Filed On: May 10, 2024, Case #: 22-0521, Categories: Jury, vehicle
Per curiam, the court of appeals grants the pest control company's petition for a writ of mandamus. The company seeks to compel the trial court to withdraw its order denying its motion to compel a physical and mental examination of the parties in a car collision case. Expert examination is required to obtain a fair trial and, therefore, necessitates the intrusion upon the injured parties' privacy.
Court: Texas Courts of Appeals, Judge: Per curiam, Filed On: May 9, 2024, Case #: 09-24-00007-CV, Categories: Tort, vehicle, Experts
J. Miller finds the trial court properly convicted defendant of criminal mischief following a non-jury trial over a road rage incident. Defendant's challenges to the sufficiency of the evidence supporting his conviction fail, as the record shows defendant intentionally swung a golf club at another motorist's car three times after the motorist retreated. Affirmed.
Court: Florida Courts Of Appeal, Judge: Miller, Filed On: May 8, 2024, Case #: 22-2140, Categories: Evidence, vehicle
J. Wicks grants, in part, a motion to modify the court’s preliminary injunction in a RICO case involving several Long Island-based car dealerships. The court denies the litigant’s request for the return of 43 vehicles that are currently unacccounted for, finding they failed to produce any evidence at a hearing showing the defendants are in possession of the vehicles. The court, however, grants its request seeking permission to sell 30 vehicles subject to the order and to retain the proceeds, as well as its request compelling the defendants to cooperate with its intent to wind up its business operations.
Court: USDC Eastern District of New York, Judge: Wicks, Filed On: May 8, 2024, Case #: 2:23cv6188, NOS: Racketeer Influenced and Corrupt Organizations (RICO) - Other Suits, Categories: vehicle, Racketeering
J. Gruber finds the county court properly granted the business owner's motion for summary judgment. The owner asserted he did not own the accident-involved vehicle but had sold it to the driver through his auto salvage business on an installment agreement, with the state having issued the title to the driver. Though the driver was previously employed by the owner, at the time of the accident he was no longer employed, and the owner had no duty to confirm he was licensed or insured. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Gruber , Filed On: May 8, 2024, Case #: CV-23-258, Categories: vehicle, Negligence
J. Vaughan finds that the lower court improperly denied the state's petition to deny defendant pretrial release on charges of unlawful possession of a stolen vehicle. The defendant fled from police in the stolen vehicle, driving over spike strips and into oncoming traffic, hitting another car in a head-on collision before stopping. The state was not required to prove defendant was willing to use force necessary to cause great bodily harm. Reversed.
Court: Illinois Appellate Court, Judge: Vaughan, Filed On: May 8, 2024, Case #: 240231, Categories: Bail, vehicle
J. Pirtle finds the trial court properly convicted defendant for operating a motor vehicle to avoid arrest. Officers conducting surveillance on a home saw defendant drive by and, while following him, defendant began driving at excessive speeds and making sudden turns. Pursuit was ended for safety concerns and officers identified defendant through vehicle registration records and his prior booking photos. Sufficient evidence supports the conviction, and all factors were properly considered in sentencing him to two years in prison, as well as a license suspension. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Pirtle , Filed On: May 7, 2024, Case #: A-23-721, Categories: Drug Offender, Escape, vehicle
J. Tharp grants Illinois’ motion to dismiss Volkswagen’s constitutional challenge to the Illinois Motor Vehicle Franchise Act, which makes it so independent auto dealerships operate independently of “legacy” auto manufacturers like Volkswagen, meaning Volkswagen can’t operate service centers in independent dealerships. But because new and pre-owned vehicles come with manufacturer warranties, Volkswagen still has to reimburse the independent dealerships for any repair and service work they do to their customers’ cars. Volkswagen claims a 2022 amendment to the Act meant to give auto repair workers greater compensation violates its free speech, due process and equal protection rights. But the court finds Volkswagen has failed to state an actionable claim for its due process and equal process claims, and lacks standing for its First Amendment allegations.
Court: USDC Northern District of Illinois, Judge: Tharp, Filed On: May 6, 2024, Case #: 1:22cv7045, NOS: Constitutionality of State Statutes - Other Suits, Categories: Constitution, vehicle, Due Process
J. Kellum finds that the lower court properly convicted defendant for manslaughter after he allegedly struck the victim with a car. Defendant has not shown that he is entitled to relief in connection with his requested jury instruction. Also, there was no abuse of discretion in the lower court’s handling of an unsolicited statement defendant made to a police officer during transport. Affirmed.
Court: Alabama Court of Criminal Appeals, Judge: Kellum, Filed On: May 3, 2024, Case #: CR-2023-0611, Categories: Evidence, Manslaughter, vehicle
J. Drozd denies, in part, Toyota’s motion to dismiss putative class claims concerning defective sunroofs in 2021 RAV4 vehicles. The consumer has sufficiently alleged his claim for unjust enrichment and unfair competition, and for injunctive relief to have the defect repaired.
Court: USDC Eastern District of California, Judge: Drozd, Filed On: May 3, 2024, Case #: 2:23cv1464, NOS: Motor Vehicle Product Liability - Torts - Personal Injury, Categories: vehicle, Warranty, Class Action
J. Lyle finds that the lower court properly denied the plaintiff driver's request for statutory costs and but improperly denied her prejudgment interest as the prevailing party in an arbitration proceeding stemming from a motor vehicle suit. The driver did not request costs in her litigation papers, which is a required step even before the arbitrator designated her as the prevailing party. However, as the assessment of interest does not qualify as "damages," the driver is still entitled to this money without having made a prior request to the arbitrator. Reversed in part.
Court: Illinois Appellate Court, Judge: Lyle, Filed On: May 3, 2024, Case #: 230079, Categories: Arbitration, vehicle, Damages
J. Wiseman finds the trial court properly vacated the default judgment. The judgment was entered against the at-fault driver in this auto collision suit after the owner of the damaged company vehicle accused her insurer, Allstate, of using a valuation that did not consider the pandemic's effect on fair market value and inflation. The petition to vacate was filed and the court found the at-fault driver was not in default when the judgment was entered, nor was she provided proper notice. Affirmed.
Court: Oklahoma Courts Of Appeal, Judge: Wiseman , Filed On: May 2, 2024, Case #: 121053, Categories: Insurance, vehicle, Due Process
J. Bahr finds that the district court improperly granted summary judgment to a business in a matter involving a vehicle which struck a pedestrian in front of the business. The court treated the individual's request to adopt a stipulation as a type of motion which it holds no jurisdiction over. The district court misapplied the law when it treated the request as the motion in question. Reversed.
Court: North Dakota Supreme Court, Judge: Bahr, Filed On: May 2, 2024, Case #: 2024ND81, Categories: vehicle, Jurisdiction
J. Goodman finds that the lower court improperly dismissed defendant’s prosecution on a charge of misdemeanor driving while intoxicated. Defendant made bond after his arrest and was free for the duration of the proceedings; thus, the record does not support a speedy trial violation. Reversed.
Court: Texas Courts of Appeals, Judge: Goodman, Filed On: May 2, 2024, Case #: 01-23-00003-CR, Categories: vehicle
J. Quattlebaum finds the lower court improperly denied the officer’s motion to dismiss based on qualified immunity. A repossession representative called the police after the vehicle's owner refused to get out so he could tow it. The owner argued that the deputy who arrived and ordered her out of the vehicle violated her Fourth Amendment right against unreasonable seizures of property by crossing the line from keeping the peace into actively participating. Because of the unique nature of the case and lack of case law, the deputy couldn't have known what he was doing was unconstitutional when he ordered her out of the car. Reversed.
Court: 4th Circuit, Judge: Quattlebaum , Filed On: May 2, 2024, Case #: 23-1344, Categories: Constitution, vehicle, Police Misconduct
J. McShan finds that the lower court improperly dismissed claims brought after a bicyclist was hit by a car while exiting a bike path. The cyclist admitted he failed to make a full stop at a stop sign located on the path before he entered the intersection, but questions of fact remain unresolved as to whether the driver should have seen the bicyclist as she made a left-hand turn. Reversed.
Court: New York Appellate Divisions, Judge: McShan, Filed On: May 2, 2024, Case #: CV-23-1540, Categories: vehicle, Negligence
J. Adams denies, in part, a freight company and its truck driver’s motion for partial summary judgment in this motor vehicle collision stemming from the truck driver hitting another vehicle driven by a motorist. The motorist alleges negligent and wanton hiring, training, supervision, maintenance and entrustment against the freight company and negligence and wantonness violations for rules of the road regarding the driver. There is in fact a genuine issue of the driver’s actions, but the motorist fails to present any evidence on her claims against the freight company. The Alabama Uniform Traffic Crash Report has been struck in favor of the company and driver.
Court: USDC Middle District of Alabama, Judge: Adams, Filed On: May 2, 2024, Case #: 3:23cv137, NOS: Motor Vehicle - Torts - Personal Injury, Categories: vehicle, Negligence
J. Wilson finds that the lower court improperly dismissed the indictment charging defendant with involuntary manslaughter by deciding after viewing video surveillance that her driving did not constitute criminal negligence. The court was limited to reviewing whether the indictment contained the essential elements of involuntary manslaughter and whether it proper apprised defendant of the facts of the charge. Reversed.
Court: Missouri Supreme Court, Judge: Wilson, Filed On: May 1, 2024, Case #: SC100212, Categories: Criminal Procedure, Manslaughter, vehicle