176 results for 'cat:"Tort" AND cat:"Negligence"'.
J. Suddaby enters judgment in favor of a Syracuse police officer on a citizen’s claims for excessive force and failure to intervene, dismissing the entire complaint. He alleges the officer used unreasonable force to restrain him on suspicions that he inserted contraband into his rectum while being detained in a holding cell. He also alleges he was restrained both physically and medically at a local hospital and was forced to undergo a sigmoidoscopy in an effort to retrieve the contraband. Video surveillance shows the officer had not used unreasonable force during these events. The officer also successfully alleges that he was not involved in the hospital’s decision to sedate him or the order to perform the medical procedure.
Court: USDC Northern District of New York, Judge: Suddaby, Filed On: March 5, 2024, Case #: 5:20cv1215, NOS: Other Civil Rights - Civil Rights, Categories: tort, negligence, Police Misconduct
J. Johnston denies the roofing contractor's motion to dismiss the property management company's beach of contract suit claiming the negligence of the contractor's employees caused a new roof they were installing on the building leased by U-Haul to catch fire, eventually destroying the entire building. The contractor's argument using the West Virginia's "gist of the action doctrine" is unpersuasive, as the West Virginia Supreme Court has long recognized "an independent duty - sounding in tort - to prevent and mitigate accidental fires...[that] exists entirely independent of the parties’ contractual relationship."
Court: USDC Southern District of West Virginia, Judge: Johnston, Filed On: February 29, 2024, Case #: 5:23cv339, NOS: Other Contract - Contract, Categories: tort, negligence, Contract
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[Consolidated.] J. Rochford finds that the lower court improperly found for Motorola on negligence claims stemming from the plaintiffs' fathers' exposure to reproductively toxic chemicals at their employment, allegedly causing their children to be born with severe birth defects. There is a genuine issue of fact as to whether Motorola's health policy actually increased its employees' risk of child birth defects, as well as the feasibility of the plaintiffs' expert's proposed recommendations as to how the company should guard against injuries to its workers' unborn children. Reversed.
Court: Illinois Appellate Court, Judge: Rochford, Filed On: February 29, 2024, Case #: 220884, Categories: Employment, tort, negligence
Per curiam, the appellate division finds that the lower court improperly denied the third-party's motion to dismiss negligence claims stemming from a man's injury when he fell from the third-party's apartment balcony. The defendant music venue, where the injured man and apartment owner had attended a concert that night, cannot show how the apartment owner could be held liable for its alleged negligence. Reversed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: February 28, 2024, Case #: 00999, Categories: tort, negligence
Per curiam, the appellate division finds that the lower court properly denied the organization's motion to dismiss negligent supervision claims stemming from allegations of sexual abuse of an eight-year-old child by a mentor. The complaint reasonably alleges that the organization had a duty to take reasonable measures to guard against child sexual abuse by volunteers, and that it failed to put screening measures in place to prevent such abuse. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: February 28, 2024, Case #: 00993, Categories: tort, negligence
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. 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
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. 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
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. Quereshi denies the transit authority’s motion to dismiss in this negligence claims suit brought by the parents of an adult woman who is nonverbal and has a cognitive disability. The parents allege the daughter was a passenger in the transit van when she was attacked several times by another passenger, on their way to or from an adult day program. The transit authority failed to present evidence explaining the circumstances and changes that were made to separate the daughter and passenger.
Court: USDC Maryland, Judge: Quereshi, Filed On: January 29, 2024, Case #: 8:18cv2397, NOS: Other Personal Injury - Torts - Personal Injury, Categories: tort, negligence
Per curiam, the court of appeals denies the construction company's request for a writ of mandamus challenging the court's denial of its motion to compel the neuropsychological examination of the bicyclist who was injured from a crash precipitated by a drainage cover that gave way when he ran over it. The company waited more than four months to seek mandamus relief, did not address the delay or offer justification, and so has failed to act diligently to protect its rights. Affirmed.
Court: Texas Courts of Appeals, Judge: Per curiam, Filed On: January 24, 2024, Case #: 12-24-00004-CV, Categories: Construction, tort, negligence
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. Wallis finds the trial court improperly compelled arbitration in the children's lawsuit against the investment advisor and others claiming in part that they interfered with the children's inheritance after their mother died in 2021. The children did not sue for breach of any of the relevant contracts containing arbitration provisions, and equitable estoppel cannot compel arbitration because the children have not directly benefited from any of the contracts containing arbitration provisions. The trial court's order is overturned and the case is remanded for further proceedings. Reversed.
Court: Florida Courts Of Appeal, Judge: Wallis, Filed On: January 19, 2024, Case #: 22-2859, Categories: Arbitration, tort, negligence
J. Hicks grants the school district's motion to dismiss this negligence and civil rights suit. The mother of the high school volleyball player alleges the coach of the team harassed her daughter for leaving another municipal team he also coached. Allegations led to the coach's dismissal from the high school team pending investigation, which led to other students harassing the player. The mother fails to establish any element of standing regarding the alleged breach of duty of care. The complaint does not contain sufficient factual allegations to show any faculty conduct was extreme or outrageous.
Court: USDC Nevada, Judge: Hicks , Filed On: January 18, 2024, Case #: 3:22cv520, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, tort, negligence
J. Wilson finds the district court properly dismissed a deckhand's injury action. A towing company was improperly joined as a party and, therefore, the district court properly disregarded disregarded and dismissed it, which left no defendants. Affirmed.
Court: 5th Circuit, Judge: Wilson , Filed On: January 8, 2024, Case #: 23-30112, Categories: Admiralty, tort, negligence
J. Henderson certifies a question to the court of appeals concerning a case in which the metro transit authority argues a person who suffered a fatal fall from a train platform was a trespasser, not a passenger, when he fell over the retaining ledge and, therefore, it was not required to render aid. The question of the decedent's status and, thus, the transit authority's duty of care, has no controlling precedent from the D.C. Court of Appeals.
Court: DC Circuit, Judge: Henderson, Filed On: December 29, 2023, Case #: 22-7154 , Categories: Civil Procedure, tort, negligence
J. Riedmann finds the district court properly found in favor of a driver in this motor vehicle negligence action. No expert testimony was presented, and such jury instruction was not warranted. The injured party did not seek lost wages, and no abused of discretion or ineffective assistance is found. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Riedmann , Filed On: December 26, 2023, Case #: A-23-034, Categories: tort, Vehicle, negligence