1,060 results for 'cat:"Tort"'.
J. Lanza grants the Department of Veterans Affairs' motion for summary judgment concerning Federal Tort claims brought by the widow of a U.S. army veteran, now deceased, who suffered post trauma while serving his country in Iraq. The Department of Veterans Affairs sufficiently showed in court that a nurse that treated him at the VA clinic was not responsible for his death by suicide based on a negative screen for a suicide risk and low depression scale assessments.
Court: USDC Arizona, Judge: Lanza, Filed On: February 22, 2024, Case #: 2:20cv2275, NOS: Personal Injury - Medical Malpractice - Torts - Personal Injury, Categories: Health Care, tort, Negligence
J. Greene finds that the trial court properly ruled in favor of the property owners in their suit against the city over damages resulting from its failure to maintain a public drainage servitude. The owners' claim for compensation was not prescribed based on the cited statute, which did not apply. Also, there was no error in the damages award. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Greene, Filed On: February 21, 2024, Case #: 2023CA0219, Categories: Property, tort, Damages
Per curiam, the appellate division finds that the lower court improperly found for the injured worker on the issue of liability in a construction accident suit stemming from a worker's fall off a ladder. The record contains conflicting evidence as to the manner in which the accident happened, including as to whether a ladder was involved in the accident. Reversed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: February 21, 2024, Case #: 00902, Categories: tort, Labor
J. Gillmor rules on several motions in limine in a wrongful death case where a mother and her infant child were killed when their home’s water heater exploded. For example, the water heater manufacturers’ request to split the trial between liability and damages is granted, as evidence toward each is not reliant on the other and bifurcation would expedite the proceedings. Evidence about the possible ignition and status of power in the neighborhood may be presented. An explosions expert’s testimony is not precluded, but his current computer animations of the explosion are excluded because they do not reflect the water heater, and the closet it was in, as they were on the day of the incident.
Court: USDC Hawaii, Judge: Gillmor, Filed On: February 21, 2024, Case #: 1:21cv254, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: Evidence, tort, Product Liability
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J. Holcomb denies in part the government's motion to dismiss a son's allegations of both negligent and intentional infliction of emotional distress after his father, an immigration detainee, died due to complications from Covid-19 while in ICE custody. "The conduct at issue is not the type that is generally shielded by the discretionary function." The government was required to assess whether the father could potentially be released after he contracted Covid-19. The portions of the son's claims which center on the ICE's concealment of the seriousness of his father's condition and subsequent death continue.
Court: USDC Central District of California, Judge: Holcomb, Filed On: February 21, 2024, Case #: 5:23cv380, NOS: Other Personal Injury - Torts - Personal Injury, Categories: tort, Covid-19
Per curiam, the appellate division finds that the lower court improperly denied Bloomberg's motion to dismiss tortious interference claims along with breach of contract claims brought by a construction company. Bloomberg submitted evidence conclusively establishing that the 2005 agreement was in effect at the time of its notice of termination, not a 2010 agreement, which entitled Bloomberg to terminate the agreement upon written notice. Reversed in part.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: February 21, 2024, Case #: 00892, Categories: tort, Contract
J. Vance grants a request by the Uber rideshare company for a stay, but not dismissal, of a passenger’s lawsuit pending arbitration of negligence claims she was run over by the driver of the hired car. A case may be dismissed in favor of arbitration only if all the issues and claims raised are subject to arbitration. The passenger’s claims against two additional litigants, the driver of the Uber and an insurance company, may be litigated without arbitration.
Court: USDC Eastern District of Louisiana , Judge: Vance, Filed On: February 21, 2024, Case #: 2:23cv1775, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Employment, tort, Negligence
Per curiam, the appellate division finds that the lower court properly dismissed personal injury claims against Con Ed and the city related to a man's trip and fall in a crosswalk. Con Ed proved it had not worked in the area for two years prior to the accident, and the man failed to properly notify the city of his claim, because he named a different crosswalk in his notice of claim than in his deposition. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: February 20, 2024, Case #: 00858, Categories: tort
J. Rivera finds that the appellate division improperly found for building owners in workplace injury claims contending the subcontractor's employee slipped on plastic sheeting that had been put down while he painted an escalator because the plastic constituted a "foreign substance" not part of the escalator, and the sheet was not integral to the painter's work since drop cloths could have been used. Reversed.
Court: New York Court Of Appeals, Judge: Rivera, Filed On: February 20, 2024, Case #: 11, Categories: tort, Labor
J. Xinis grants the former business partners, the state attorney office, investigators and prosecutors’ motion to dismiss this criminal investigation and prosecution of a Persian man. The man claims common law and constitutional torts were violated when he was investigated and prosecuted for criminal theft. He failed to show or cure any pleading defects in his complaint. Therefore, all claims are dismissed and his motion for leave is denied.
Court: USDC Maryland, Judge: Xinis, Filed On: February 20, 2024, Case #: 8:23cv1357, NOS: Constitutionality of State Statutes - Other Suits, Categories: Civil Rights, Constitution, tort
J. Snyder grants an individual's motion to set aside default judgment against him for failure to appear at a court-ordered hearing. The individual was ordered to pay $1.6 million in damages. The individual claims that he was not aware that the case had been continuing without his participation and without any attorneys representing him, and therefore the default judgment is void. There is no evidence in the record that a meaningful effort was made to locate the individual to serve him, beyond publishing notice in a newspaper in Los Angeles despite knowing that the individual did not reside in California.
Court: USDC Central District of California, Judge: Snyder, Filed On: February 20, 2024, Case #: 2:16cv6196, NOS: Other Personal Injury - Torts - Personal Injury, Categories: tort
J. Byrne finds that the trial court properly and improperly ruled against a woman who sued her boss and his company for damages after her car was struck by a car driven by the employer. The evidence supports the notion that her boss was still acting in his professional capacity when the collision occurred, thus making the company party to the suit. However, the evidence did not support the woman’s direct negligence claims against the company and the court properly ruled to dismiss them. Affirmed in part.
Court: Texas Courts of Appeals, Judge: Byrne, Filed On: February 16, 2024, Case #: 03-22-00736-CV, Categories: tort, Negligence
J. Jackson transfers a Louisiana lawyer’s claims she was severely “eaten by bed bugs” during her rehabilitation stay at a Virginia-based drug and alcohol facility. The attorney fails to show her multiple payments to the rehab center confers jurisdiction of her payment dispute and bed-bug claims. Significantly, neither litigant requested the transfer. “Transfer, not dismissal, best serves to promote judicial efficiency, conserve the [litigants’] resources and avoid duplication of efforts.”
Court: USDC Middle District of Louisiana, Judge: Jackson, Filed On: February 16, 2024, Case #: 3:22cv114, NOS: Insurance - Contract, Categories: tort, Jurisdiction, Contract
J. Crenshaw denies the defendant trucking company's motion to dismiss for improper venue or, alternatively, to transfer venue. The plaintiff insurance company seeks a declaratory judgment regarding its duty to defend or indemnify the company in an underlying state court case. The incident at issue in the underlying case allegedly occurred at a truck stop in Tennessee, and the case is "pending in Tennessee state court."
Court: USDC Middle District of Tennessee , Judge: Crenshaw, Filed On: February 16, 2024, Case #: 3:23cv1059, NOS: Insurance - Contract, Categories: Insurance, tort, Venue
J. Mackey finds that a police officer was properly denied accidental disability retirement benefits after he injured his back while moving boxes of road flares because receiving and organizing flare deliveries fell under the officer's facilities duties and thus did not constitute an accident under social security law. Affirmed.
Court: New York Appellate Divisions, Judge: Mackey, Filed On: February 15, 2024, Case #: CV-23-0765, Categories: Employment, Social Security, tort
J. Powers finds that a police officer was properly denied accidental disability retirement benefits by the state when she was injured while carrying a flagpole in a ceremonial detail. The incident did not constitute an accident since the officer recognized that she would have to maneuver the flagpole through doorways during the indoor ceremony, and thus striking a door as occurred was not unexpected. Affirmed.
Court: New York Appellate Divisions, Judge: Powers, Filed On: February 15, 2024, Case #: CV-23-0233, Categories: Employment, Social Security, tort
Per curiam, the court of appeals finds that the appellate division properly declined to set aside defendant's conviction for leaving the scene of an accident causing injury because evidence indicated that defendant knew at a minimum that a pedestrian had run into the street and come into contact with his car, and that defendant drove off without stopping. Affirmed.
Court: New York Court Of Appeals, Judge: Per curiam, Filed On: February 15, 2024, Case #: 12, Categories: Vehicle, tort
J. Reidinger grants the federal government’s motion to dismiss allegations of negligence brought by the daughter of a woman who died after hospital staff dropped her on her head while she was in a mechanical lift. The daughter is suing the federal government based on its relationship with the Cherokee-owned hospital. Under the Federal Tort Claims Act, which the daughter invokes, the hospital staff are considered federal employees. However, North Carolina doesn’t recognize the negligence claims, so the daughter fails to demonstrate that the FTCA gives the federal court subject matter jurisdiction over the claims.
Court: USDC Western District of North Carolina, Judge: Reidinger, Filed On: February 15, 2024, Case #: 1:22cv10, NOS: Other Personal Injury - Torts - Personal Injury, Categories: tort, Negligence, Jurisdiction
Per curiam, the court of appeals finds that plaintiff's appeal should be dismissed as brought from the denial of her request to amend the bill of particulars in personal injury claims brought against her landlord because the denial did not finally determine the action, and plaintiff's own recklessness in climbing to the building's rooftop was found to be the sole cause of the accident.
Court: New York Court Of Appeals, Judge: Per curiam, Filed On: February 15, 2024, Case #: 59 SSM 12, Categories: Civil Procedure, tort
J. Kennedy finds that the lower court properly granted summary judgment to the appellee on the appellant's negligence claim stemming from an alleged automobile accident. The lower court did not err in dismissing the appellant's claim based on a "lack of due diligence in serving process." Affirmed.
Court: Texas Courts of Appeals, Judge: Kennedy, Filed On: February 15, 2024, Case #: 05-22-01363-CV, Categories: Civil Procedure, tort
Per curiam, the appellate division finds that the lower court properly granted the oil company's motion to enforce the stipulation of settlement made in open court by counsel on behalf of their clients in a suit to recover damages sustained as a result of oil contamination to real property. The property owners failed to establish that their attorney did not have the authority to enter into the settlement on their behalf. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: February 14, 2024, Case #: 00760, Categories: Environment, Settlements, tort
J. Pena conditionally grants in part this petition for a writ of mandamus, in which the relators challenge an order concerning a medical examination in the underlying personal injury suit. The lower court abused its discretion in requiring that the examination be recorded, as there was no good cause shown.
Court: Texas Courts of Appeals, Judge: Pena, Filed On: February 14, 2024, Case #: 13-23-00437-CV, Categories: Civil Procedure, tort, Discovery
J. Kobayashi partially dismisses a negligence claim regarding a jet fuel leak at the Navy’s Red Hill Facility that compromised military families’ drinking water. The Navy testing water samples for carbons, but not specifically jet fuels due to on-island laboratory capabilities, was discretionary and a legitimate policy consideration, granting the military sovereign immunity from a portion of the families’ negligence claims. A remediation claim requires more briefing before a ruling.
Court: USDC Hawaii, Judge: Kobayashi, Filed On: February 14, 2024, Case #: 1:22cv397, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Government, tort, Negligence
J. Wilson finds that the trial court properly ruled in favor of the city-parish government on a court bailiff's slip and fall suit over injuries allegedly resulting from spilled hand sanitizer. The government was entitled to immunity since the installation of the sanitizer dispensers was in response to the public health emergency caused by Covid-19. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Wilson, Filed On: February 14, 2024, Case #: CA-23-347, Categories: tort, Immunity, Covid-19
J. Bloom denies the cruise ship operator's motion to dismiss the passenger's slip-and-fall suit. Negligent maintenance, failure to correct and failure to warn claims may be brought under a theory of vicarious liability, and doing so is not, in this case, an attempt to circumvent notice requirements since those causes of action are also alleged under a theory of direct liability. Difficulties in identifying the specific employees responsible for maintaining the deck where the passenger slipped are also not a basis for dismissal.
Court: USDC Southern District of Florida, Judge: Bloom, Filed On: February 14, 2024, Case #: 1:23cv23275-BB, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Maritime, tort
J. Alvarez upholds the trial court's judgment on a jury's verdict that awarded an injured driver $157,000 in past medical expenses, but denied any other claim for damages. Based, in part, on a question whether his injuries were caused by pre-existing conditions, the "evidence was within the zone of reasonable disagreement." Affirmed.
Court: Texas Courts of Appeals, Judge: Alvarez, Filed On: February 14, 2024, Case #: 04-22-00656-CV , Categories: tort, Damages
J. Kelly finds that the lower court improperly in part ruled against a ranch after it sued a pipeline owner with claims that a pipeline leaked on its property, causing contamination. While the lower court correctly tossed a series of fraud and trespass-related claims due to a lack of evidence pointing to intent, the farm's primary tort claims have the right to proceed. Despite the pipeline owner claiming there was no leak, an expert's report says there have been traces of diesel fuel and gasoline at the property, a fact that even alone is enough to show evidence of damage to the property. Reversed in part.
Court: 10th Circuit, Judge: Kelly, Filed On: February 13, 2024, Case #: 23-7001, Categories: Property, tort