749 results for 'nos:"Other Personal Injury - Torts - Personal Injury"'.
J. Cooperthite grants a customer’s motion for leave to file a surreply in this slip and fall lawsuit against a company. The customer alleges she tripped and fell over a clear object in the shoe section. The company raises that the customer failed to take a photograph, but evidence from surveillance cameras and a witness shows there was in fact a genuine dispute in favor of the customer. Therefore, the company’s motion for summary judgment is denied.
Court: USDC Maryland, Judge: Cooperthite, Filed On: January 23, 2024, Case #: 8:22cv2726, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Evidence, Negligence
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J. Rice grants the family's motion to amend their complaint against a security guard service company alleging that a security guard broke the speed limit to follow the family's truck, got out of the vehicle once they all parked, and assaulted one of the family members for allegedly trespassing on a property. The family seeks to amend their complaint to name the security guard service's parent company and the security guard at the heart of this lawsuit, and the security guard services company does not oppose this motion.
Court: USDC Eastern District of Washington, Judge: Rice, Filed On: January 22, 2024, Case #: 2:23cv338, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Civil Procedure, Tort
J. Garaufis preserves a single claim for negligence in a civil lawsuit brought against St. Mary’s Roman Catholic Church in Brooklyn that alleges an adult woman was sexually abused by one of its priests for six years, starting when she was 10 years old. She plausibly alleges the church failed in its duties to ensure her safety while she was in their custody, failed to inform her parents of the abuse and further failed to anticipate the priest’s actions and create or enforce procedures in order to protect her.
Court: USDC Eastern District of New York, Judge: Garaufis, Filed On: January 19, 2024, Case #: 1:21cv4920, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Tort, Negligence, Assault
J. Richard Nelson grants the cyberattack target's motion to stay proceedings pending a decision by a Judicial Panel on Multidistrict Litigation regarding whether to centralize this and several related actions arising from the release of personal information in a ransomware attack and transfer them to this District. The likely short duration of a stay minimizes any potential for prejudice against the alleged data breach victims, granting the stay would avoid the potential hardship of having to relitigate issues voided by centralization, and the stay would have minimal effect on judicial resources on its own but, in light of the numerous other ongoing proceedings, would reduce the risk of duplicative or inconsistent rulings on pending motions to dismiss.
Court: USDC Minnesota, Judge: Richard Nelson, Filed On: January 18, 2024, Case #: 0:23cv533, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Privacy, Class Action
J. Coogler grants the school district, its board members and two bus drivers’ motion to dismiss this denial of access to courts and racial discrimination claims stemming from a car collision. Two Black women allege that a bus driver was being trained by another when the bus veered over and ran the vehicle off the road hitting a concrete barrier. The women state they would have received better treatment if they were white but, fail to support the inference of discrimination. The court denies exercising supplement jurisdiction over this case.
Court: USDC Northern District of Alabama , Judge: Coogler, Filed On: January 18, 2024, Case #: 7:23cv1082, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Vehicle, Negligence, Jurisdiction
J. Navarro grants Ancestry.com's motion to dismiss for lack of jurisdiction a suit filed by Nevada citizens who claim it used their names, images and identities without consent. The citizens’ allegations allow inference the company markets widely, sending email promotions and advertising subscription services without regard to location. The citizens’ injury, that their personal information is impermissibly being used to sell subscriptions, would “follow [them] wherever [they] might... live or travel,” and is not enough to demonstrate the company's actions were aimed at Nevada.
Court: USDC Nevada, Judge: Navarro , Filed On: January 17, 2024, Case #: 2:20cv2292, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Copyright, Tort, Technology
J. Daniel partially grants a nonprofit health care services organization’s motion to dismiss negligence, breach of contract and fraud claims brought by two of the nonprofit’s former patients. The patients brought the claims in response to a 2022 data breach of the nonprofit’s patient database that exposed their personal info to unknown individuals. Of all the claims, the court finds that only the patients’ negligence claim is sufficiently alleged to survive dismissal.
Court: USDC Northern District of Illinois, Judge: Daniel, Filed On: January 17, 2024, Case #: 1:23cv1108, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Health Care, Negligence, Privacy
J. Kirsch allows the stepsister to continue with her amended complaint alleging that she was sexually assaulted by her four adult stepbrothers when she was a minor in the 1970s. There is no bad faith or dilatory motive in the woman's amendments, as the proposed amendments only add details in response to the stepbrothers' claims that the complaint lacked specificity. The complaint was timely filed because the statute of limitations had been tolled due to the Covid-19 pandemic.
Court: USDC New Jersey, Judge: Kirsch , Filed On: January 17, 2024, Case #: 3:21cv20270, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Negligence, Emotional Distress
J. Ray recommends that the individual's action against the company and employee be dismissed. The individual failed to adequately plead federal question jurisdiction or establish diversity jurisdiction. The individual's demand for $1 million in damages arising from an altercation with the employee was not made in good faith. The individual has sufficient funds available to pay the filing fee, therefore her motion to proceed in forma pauperis should be denied. The company's motion to stay the case pending consideration of the instant recommendation is granted.
Court: USDC Southern District of Georgia, Judge: Ray, Filed On: January 16, 2024, Case #: 4:23cv169, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Jurisdiction
J. Lipman grants the parking lot owner's motion for summary judgment in this premises liability lawsuit stemming from an alleged trip and fall on an adjacent sidewalk. The record shows that the parking lot owner did not own the public sidewalk and did not make any repairs or modifications to the sidewalk. Under Tennessee law "municipalities are the proper defendants in factual scenarios" like the one alleged here. Also, a city sidewalk ordinance does not create a duty owed to the litigant.
Court: USDC Western District of Tennessee , Judge: Lipman, Filed On: January 11, 2024, Case #: 2:23cv2113, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Tort, Premises Liability
J. Kobayashi partially dismisses failure-to-warn claims in a suit brought by military families who became sick after drinking water contaminated by jet fuel leaking from the Navy’s Red Hill storage facility. The lack of a water advisory after the fact constituted misrepresentation under the Federal Tort Claims Act, barring those claims. The failure-to-warn element of the families’ negligence claim survives since, under Hawaii law, a property owner has a duty to warn of any potential hazards to their lessees.
Court: USDC Hawaii, Judge: Kobayashi, Filed On: January 11, 2024, Case #: 1:22cv397, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Government, Tort, Water
J. Trauger grants the two dismissal motions filed in this lawsuit brought by a former fraternity pledge who alleges that he was subjected to racial discrimination and "intense hazing." As to one of the fraternity members, there are no facts alleged to show that he "participated in tortious conduct." Another is alleged to have "regularly used racial slurs," but the complaint fails to show that the member "breached a duty to the plaintiff or caused him serious emotional injury."
Court: USDC Middle District of Tennessee , Judge: Trauger, Filed On: January 8, 2024, Case #: 3:22cv808, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Civil Rights, Education, Emotional Distress