84 results for 'cat:"Employment" AND cat:"Negligence"'.
J. Neals dismisses nearly all claims contending a coworker falsely submitted a corrections officer's name for membership to the Ku Klux Klan, that the coworker threatened other officers, and that he secretly recorded officers' phone calls. Evidence did not indicate the coworker was acting within his job duties while recording the officers, and none of the coworker's actions caused the officers loss of prospective gain. Meanwhile, one officer had been fired for excessive absenteeism, and evidence did not indicate discipline had been retaliatory.
Court: USDC New Jersey, Judge: Neals , Filed On: October 13, 2023, Case #: 2:17cv2875, NOS: Other Civil Rights - Civil Rights, Categories: employment, negligence, Emotional Distress
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J. Lagesen finds the trial court properly dismissed negligence claims by a firefighter who was severely injured while fighting the Sugar Pine Fire when his dozer went over a cliff. Because the firefighter "has a remedy for an injury under the Workers’ Compensation Act, the application to preclude tort remedies against third-party state employees does not violate the remedy clause.”
Court: Oregon Court of Appeals, Judge: Lagesen, Filed On: October 4, 2023, Case #: A174313, Categories: employment, negligence, Workers' Compensation
J. Osteen denies an employment screening service’s motion for summary judgment following one claim of willful violation of the Fair Credit Reporting Act brought by an apartment leasing agent applicant. Another applicant with the same first and last names and the same birthday happened to have a criminal record. The service attached this record to the first applicant’s file and consequently, the apartment leasing company did not hire him. Because there is a dispute of material fact as to whether the service followed its own policy in fact checking the criminal background checks it outsources to a different company, whether the service acted willfully or not cannot yet be determined.
Court: USDC Middle District of North Carolina, Judge: Osteen, Filed On: September 29, 2023, Case #: 1:19cv1077, NOS: Consumer Credit - Other Suits, Categories: employment, Consumer Law, negligence
J. Lanza rules a former executive director of a senior living center may pursue Arizona Employment Protection Act claims against it. The former director sufficiently showed in court that he was terminated for reporting violations of an unsafe workplace following a flood of the building's facilities, and not for carrying an outdated fingerprint clearance card.
Court: USDC Arizona, Judge: Lanza, Filed On: September 7, 2023, Case #: 2:22cv1601, NOS: Employment - Civil Rights, Categories: employment, Health Care, negligence
J. Bower finds for two railroad employees in claims brought after a coworker died from chest injuries sustained while moving a railroad tie because the employees were not working on-site, and they did not suspect their coworker would be placed in danger or injured while performing his job. Affirmed.
Court: Iowa Court Of Appeals, Judge: Bower, Filed On: August 30, 2023, Case #: 22-1724, Categories: employment, negligence
J. Aiken finds in favor of the door supplier on the truck driver's claim that during the unloading of the door supplier's windows from his truck, the stack shifted, struck the truck driver on the head and knocked him to the ground, at which point more windows fell on him. While the door supplier did control how the stacks were loaded and secured onto the truck, it did not negligently cause the truck driver's injuries because it was not in charge of the transporting or unloading processes. This responsibility fell on the truck driver and his employer.
Court: USDC Oregon, Judge: Aiken, Filed On: August 7, 2023, Case #: 6:20cv1030, NOS: Other Personal Injury - Torts - Personal Injury, Categories: employment, negligence
J. Kobes finds a lower court properly dismissed an estate administrator's negligence claims against a railroad company. The estate administrator argued that the railway company forced her now deceased husband to come into contact with diesel exhaust, silica dust, and asbestos, which resulted in cancer. However, expert witnesses who submitted testimony in court failed to sufficiently show that his cancer was the direct cause of exposure. Affirmed.
Court: 8th Circuit, Judge: Kobes , Filed On: August 2, 2023, Case #: 21-3366, Categories: employment, Evidence, negligence
Per curiam, the appellate division finds that the lower court improperly denied Lyft's motion to dismiss a negligence suit alleging a Lyft driver masturbated while transporting a child, and only stopped when he noticed the child was filming him on a cell phone. The driver's conduct had nothing to do with his duties as a Lyft driver and was committed solely for personal motives unrelated to Lyft's business. Therefore, Lyft cannot be held liable for his actions. Reversed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: August 2, 2023, Case #: 04102, Categories: employment, negligence
J. Edison denies, in part, a temporary employment service's motion for summary judgment on a black worker's negligence and discrimination claims. There are genuine issues of material fact pertaining to his hostile work environment claim.
Court: USDC Southern District of Texas, Judge: Edison, Filed On: July 11, 2023, Case #: 4:21cv260 , NOS: Other Personal Injury - Torts - Personal Injury, Categories: employment, negligence, employment Discrimination
J. Forst finds that the trial court improperly granted plaintiff leave to add punitive damages in claims contending her employer negligently hired a coworker who "brushed" against plaintiff's parked car with his vehicle after admittedly having a few drinks at lunch, as plaintiff failed to demonstrate the "dealership managing agent" was negligent in hiring her coworker. Reversed.
Court: Florida Courts Of Appeal, Judge: Forst, Filed On: June 21, 2023, Case #: 4D22-2507, Categories: employment, Damages, negligence
J. Freudenthal grants summary judgment to the independent contractor for the employee's claim that his arm was crushed when the independent contractor and its co-defendants negligently lowered a crane centrifuge while the employee was in the catwalk. There is insufficient evidence that the independent contractor had control over the operative details of the crane work, and the employee heavily relies on a written note from the person who operated the crane that the independent contractor and others were the ones truly liable for this incident.
Court: USDC Wyoming, Judge: Freudenthal, Filed On: June 21, 2023, Case #: 2:21cv160, NOS: Other Personal Injury - Torts - Personal Injury, Categories: employment, Evidence, negligence
J. Self denies the employer's motion to dismiss an action brought by the employee as to claims for retaliation and discrimination in violation of Title VII and negligence. The action arose after the employee was demoted and fired for allegedly creating a hostile work environment by becoming the object of unwanted romantic advances from a co-worker. The employee sufficiently alleged that the co-worker, who was not fired, received more favorable treatment from the employer. However, the motion to dismiss is granted as to the employee's state law claims for discrimination.
Court: USDC Middle District of Georgia, Judge: Self, Filed On: June 9, 2023, Case #: 5:23cv72, NOS: Employment - Civil Rights, Categories: negligence, employment Discrimination, employment Retaliation
J. McDermott finds that the city was properly granted summary judgment in claims contending the city was vicariously responsible for plaintiff's being raped by a police officer because committing rape constituted such a departure from the officer’s duty to provide an intoxicated passenger a courtesy ride home that his actions fell outside the scope of his employment. Affirmed.
Court: Iowa Supreme Court, Judge: McDermott, Filed On: June 9, 2023, Case #: 21-1072, Categories: employment, Municipal Law, negligence
J. Pantano finds that the appellate division properly denied a transport company judgment in claims contending a mechanic was crushed while moving industrial equipment. The record was mixed as to whether the mechanic had been a borrowed employee working for the shipping company, and both sides agreed they did not want a new jury trial. Affirmed.
Court: New Jersey Supreme Court, Judge: Sabatino , Filed On: June 5, 2023, Case #: A-19-22, Categories: employment, negligence