981 results for 'cat:"Tort"'.
J. Cain denies an oil company’s motion to dismiss environmental damage claims by a property owner. The damage to the individual’s property stems all the way back to an oil well blowout in 1941, and despite knowing about it, the property owner and prior owners failed to sue the oil company or the other companies involved in oil extraction on or near the property. But neither the current property owner nor any of the prior owners had knowledge of groundwater contaminants on the property, and as such, none of them ever waived their right to sue.
Court: USDC Western District of Louisiana , Judge: Cain, Filed On: August 20, 2024, Case #: 2:24cv4, NOS: Torts to Land - Real Property, Categories: Environment, Property, tort
J. Poplin denies the plaintiff motorists' motion to reopen discovery to compel the production of certain documents in this suit arising from a car accident involving defendants' tractor-trailer. The motion was not timely filed, and the motorists "have not established good cause or excusable neglect" for the late request. Also, they are not entitled to sanctions based on their allegation of spoliation.
Court: USDC Eastern District of Tennessee , Judge: Poplin, Filed On: August 16, 2024, Case #: 3:22cv403, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Evidence, tort, Discovery
J. Acree finds that the lower court properly found for an insurer in claims stemming from a fatal accident that occurred when a utility terrain vehicle hit a sinkhole because the theory of liability on which the claim was based was not recognized in Kentucky. Affirmed.
Court: Kentucky Court Of Appeals, Judge: Acree, Filed On: August 16, 2024, Case #: 2022-CA-0451-MR, Categories: Insurance, tort
J. Aarons finds that the lower court improperly dismissed Child Victims Act claims contending plaintiff had been sexually abused as a preteen in a state-supported residential detention facility because plaintiff did not have to plead a special duty since she was owed protection against harm as a juvenile delinquent in state custody. Reversed.
Court: New York Appellate Divisions, Judge: Aarons, Filed On: August 15, 2024, Case #: 535977, Categories: tort, Juvenile Law
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J. Whitehead denies the group home's motion to disqualify the residents' counsel from litigation in which the residents allege that the group home did not prevent its employees from abusing the minors or stop the minors in its care from abusing each other. The group home argues that the residents' counsel cannot represent the residents due to conflicts between their clients, as other plaintiffs supposedly accused one of the named residents of "inappropriate sexual conduct," but the group home does not show how its interests suffered or will suffer injury by this alleged conflict.
Court: USDC Western District of Washington, Judge: Whitehead, Filed On: August 14, 2024, Case #: 2:23cv60, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Civil Procedure, tort
J. Smith finds that the trial court properly ruled against an attorney in a breach of contract case filed by his former employer, a nationwide personal injury law firm. The law firm alleges that the attorney violated state law by contacting the law firm's clients and offering to take their case at his own firm. The attorney cannot use the Texas Citizens Participation Act, an anti-SLAPP statute, to dismiss the case because commercial speech is exempt under the Act. Therefore, the trial court was correct to deny the motion to dismiss. Affirmed.
Court: Texas Courts of Appeals, Judge: Smith, Filed On: August 14, 2024, Case #: 03-22-00466-CV, Categories: Anti-slapp, tort, Contract
J. DeGiusti grants the defendant manufacturing company's motion for summary judgment in this product liability case stemming from a fatal workplace accident, in which a truck driver was allegedly struck in the head by an eyehook while attempting to load a refuse container onto a truck using a hoist. The record shows that the driver accidently tightened a cable that should have been loosened, which "caused the hanger pin to shear." However, there is no evidence that the pin was unreasonably dangerous.
Court: USDC Western District of Oklahoma , Judge: DeGiusti, Filed On: August 14, 2024, Case #: 5:21cv761, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: tort, Product Liability, Wrongful Death
J. Funke finds the district court properly dismissed the inmate's negligence suit for lack of jurisdiction. The inmate says the corrections department failed to investigate his allegation other inmates stole his property. The inmate failed to plead a cognizable claim under the Tort Claims Act, and disciplinary procedure statutes and regulations the inmate relies upon do not give rise to a tort duty of the state to investigate. Affirmed.
Court: Nebraska Supreme Court, Judge: Funke, Filed On: August 9, 2024, Case #: S-24-003, Categories: tort, Prisoners' Rights
J. Prince finds the trial court properly denies the school district's motion for directed verdict. The student filed suit after another student - the son of a teacher at the school - assaulted him, causing severe injuries. Surveillance video shows the assault, along with the mother of the instigator standing in the background, doing nothing. Though the district says the negligence claims hold it liable for a teacher's conduct outside the scope of employment and were not the cause of the injury, whether the lack of response was the sole cause of the injuries or contributed to them remained in dispute. Affirmed in part.
Court: Oklahoma Courts Of Appeal, Judge: Prince , Filed On: August 9, 2024, Case #: 120934, Categories: Education, tort, Negligence
J. Maxwell finds the trial court erroneously denied the city's motion to dismiss tort claims filed by the driver injured after he ran over a pothole. Although he sent certified letters of notice to the mayor and city councilmen about his intent to sue, Mississippi law requires notice be sent to the city clerk, and his failure to do so rendered his lawsuit defective. Reversed.
Court: Mississippi Supreme Court, Judge: Maxwell, Filed On: August 8, 2024, Case #: 2023-IA-394, Categories: Civil Procedure, tort
J. McClendon finds the trial court properly found in favor of the injured driver based on sufficient evidence. The at-fault driver attempted to turn across traffic from a private drive, resulting in a collision that caused injury to the other driver requiring continuing medical care. The injured party has undergone 10 medical procedures to alleviate pain. Affirmed.
Court: Louisiana Court Of Appeal, Judge: McClendon , Filed On: August 8, 2024, Case #: 2023 CA 0856, Categories: Insurance, tort, Vehicle
[Consolidated.] J. Clay finds the lower court properly dismissed the former juvenile drug informant's constitutional claims as time-barred. His attorneys were aware of the strict statutory deadlines included in the Federal Tort Claims Act, while his decision to delay filing because of his possible release from prison on parole prevents him from proving he "diligently pursued" his claims and is entitled to equitable tolling. Affirmed.
Court: 6th Circuit, Judge: Clay, Filed On: August 8, 2024, Case #: 23-1902, Categories: Civil Procedure, Civil Rights, tort
Per curiam, the circuit finds the district court properly found for Lowe's in a trip and fall case. When questioned at trial, the injured party said she was not sure exactly what she had caught her foot on. She fails to establish a genuine issue of material fact as to what caused her fall. Affirmed.
Court: 5th Circuit, Judge: Per curiam, Filed On: August 7, 2024, Case #: 23-30769, Categories: Evidence, tort, Negligence
J. Cronan finds that the ex-husband can pursue his rape civil liability claim against his ex-wife. The ex-husband, a television actor and model, says the wife, who claimed she was a rich movie producer, convinced him to get married to hide his homosexuality, but proceeded to sexually assault him during their marriage by grabbing his penis against his will and raping him while he was asleep. The ex-husband's allegations are sufficient to support his civil claim for first-degree rape and for assault and battery under California law, but not for first-degree aggravated sexual abuse.
Court: USDC Southern District of New York, Judge: Cronan, Filed On: August 7, 2024, Case #: 1:23cv6325, NOS: Other Personal Injury - Torts - Personal Injury, Categories: tort
J. Athey finds that the lower court improperly sustained the demurrer for a transporter’s claims of negligence after a repair shop had him transport vehicles by tractor-trailer to Arizona. The vehicle could freely move in and out of gear, the emergency brake cable was not connected, and the repair shop should have warned of the defective condition. Therefore, this case is remanded for additional proceedings regarding substantive law of Arizona being just the site of effects. Reversed.
Court: Virginia Court Of Appeals, Judge: Athey, Filed On: August 6, 2024, Case #: 1374-23-1, Categories: tort, Negligence, Jurisdiction
J. Engelhardt finds the district court properly determined it does not have jurisdiction over an immigrant's Federal Tort Claims Act in which he sues the U.S. for negligence after sustaining an apparently accidental gunshot to his buttock when a Border Patrol Agent attempted to apprehend him for suspected illegal entry. Governing policies in the use-of-force handbook grant officers discretion when there is a “strong presumption” the discretion is grounded in policy. The immigrant's argument the officer's lack of firearm safety removed it from public policy consideration is without merit. The focus is on whether the officer's conduct was the result of his performance of a discretionary function. The officer's decision was the type of policy decision protected by the discretionary function exception, precluding subject matter jurisdiction. Affirmed.
Court: 5th Circuit, Judge: Engelhardt , Filed On: August 5, 2024, Case #: 22-40835, Categories: tort, Negligence, Jurisdiction
J. Upadhyaya grants summary judgment to the pharmacy in its customer's slip-and-fall case. The customer's injury resulted from slipping on a mixture of water and salt on the pharmacy's walkway, which his experts have not adequately demonstrated was unreasonably dangerous. The customer has also fails to state an issue of material fact as to whether the pharmacy owed him a duty to warn him about the walkway's condition.
Court: USDC District of Columbia, Judge: Upadhyaya, Filed On: August 5, 2024, Case #: 1:22cv766, NOS: Other Personal Injury - Torts - Personal Injury, Categories: tort, Experts
J. Cogburn denies a residential treatment center for troubled youth its motion to strike and dismiss allegations of gross negligence brought by a former resident who was 12 when an unknown man and woman forcibly brought her to the center. While there for three months, she repeatedly witnessed children physically and sexually abusing other children and became a victim of this abuse herself. When she and other children reported the alleged abuse, staff reported it to an on-site therapist, but no adults ever reported the incidents to police. The center claims the resident’s amended complaint is time-barred under civil procedure, but because the resident had to wait for the center’s response to amend her complaint, they are at fault for its late submission. Also, the center fails to show that the resident’s amended complaint does not present a plausible claim for relief, so her claims may proceed.
Court: USDC Western District of North Carolina, Judge: Cogburn, Filed On: August 5, 2024, Case #: 1:24cv46, NOS: Personal Injury - Medical Malpractice - Torts - Personal Injury, Categories: tort, Negligence, Medical Malpractice
J. Quinn finds that the lower court properly denied recovery to the tractor driver in this negligence lawsuit arising from a vehicle collision involving a truck and a John Deere tractor. The tractor driver argues that he was entitled to a new trial due to jury misconduct based on a juror's alleged failure to adequately disclose certain prior relationships. However, the denial of his motion was not an abuse of discretion. The "verdict would have remained the same" even without the alleged misconduct. Affirmed.
Court: Texas Courts of Appeals, Judge: Quinn, Filed On: August 2, 2024, Case #: 07-23-00426-CV, Categories: Jury, tort, Negligence
J. Virden grants a train company’s motion to strike supplemental testimony due to untimeliness from an expert witness who planned to provide a report on the calculations on the track design regarding the train derailment that caused resin oil spill on a farmer's field. The supplemental testimony appears to offer some entirely new opinions and the train company would be prejudiced by its addition because the company would not have the opportunity to depose the expert on the new materials nor have an expert of its own address the new materials.
Court: USDC Northern District of Mississippi , Judge: Virden, Filed On: August 1, 2024, Case #: 4:18cv79, NOS: Torts to Land - Real Property, Categories: tort, Experts, Discovery
J. Cabranes finds that the district court properly held that a locomotive's cab air conditioner qualified as equipment that needs to be in working order for safe rail operation under federal law. Since the unit was the railroad's designated "temperature control system" for its cabs, it was one of the locomotive's "parts and appurtenances" that must be operating properly, and the former engineer showed he was hurt when his cab overheated to a purported 114 degrees, causing him to collapse and strike his head, resulting in career-ending disabilities. Affirmed.
Court: 2nd Circuit, Judge: Cabranes, Filed On: August 1, 2024, Case #: 23-657-cv, Categories: Transportation, tort