756 results for 'nos:"Other Personal Injury - Torts - Personal Injury"'.
J. Kobayashi partially grants summary judgment to the U.S. Navy in for part of negligence claims against it by military families who became sick after jet fuel leaked into the water system. The families did not provide sufficient causation evidence for their special damages claim related to medical monitoring and testing for the risk of future health effects. However, summary judgment is denied for claims of fear of future injury.
Court: USDC Hawaii, Judge: Kobayashi, Filed On: April 10, 2024, Case #: 1:22cv397, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Government, Water
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J. Whitney partially grants a husband and wife’s motion to alter judgment in this personal injury case against the husband’s former employer, a farm and its owner. Previously, the court ruled in favor of the husband, who had been injured on the job, and his wife, for the farm’s negligence and the wife’s loss of consortium for over $2 million. The husband and wife are correct to say they are owed post-judgment interest, which is now awarded.
Court: USDC Western District of North Carolina, Judge: Whitney, Filed On: April 10, 2024, Case #: 3:22cv413, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Employment, Tort, Negligence
J. Leonard denies the hotel's motion for summary judgment. The guest tripped over a wet floor sign that he claimed was on the ground rather than propped up. The guest claims that the hotel is guilty of negligence for selecting a metallic and brown wet floor sign that blended in with the surrounding decor, placing the sign such that it fell over and laid flat, failing to ensure the sign was in a location where it would not pose a tripping hazard, and failing to remove the sign once the floor was dry. A jury could reasonably determine that the hotel breached its duty of care in selecting and locating the sign.
Court: USDC Eastern District of Virginia, Judge: Leonard, Filed On: April 10, 2024, Case #: 2:23cv11, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Negligence
J. Kobayashi partially excludes reports and testimony from a doctor and toxicology expert who assessed military families who are bringing claims against the U.S. Navy for jet fuel water contamination. The doctor’s opinions on the contamination causing the families’ short term medical issues are admissible as long as they do not rely on studies done exclusively on animals. The doctor cannot testify as to the long term effects, however, as he does not establish specific causation to the jet fuel.
Court: USDC Hawaii, Judge: Kobayashi, Filed On: April 9, 2024, Case #: 1:22cv397, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Evidence, Government, Water
J. Kobayashi partially excludes reports and testimony from three psychologists who assessed military families who are bringing claims against the U.S. Navy for jet fuel water contamination. Testimony from two of the doctors are admissible, as they did conduct full interviews of their patients, including the minors. Information gathered from the parents about their children is admissible as first-hand knowledge when minors are involved is not required. A third doctor is not a physician or military medicine expert so portions of his testimony are excluded, but his testimony on the families' trauma is admissible.
Court: USDC Hawaii, Judge: Kobayashi, Filed On: April 8, 2024, Case #: 1:22cv397, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Evidence, Government, Water
J. Boyle denies a mall property owner’s and security firm’s motions to transfer the venue of this case to the Middle District of North Carolina; the suit involves negligence claims brought by a patron who was shot in the crossfire during a robbery. The owner and firm, both foreign entities, claim that the patron fraudulently added the North Carolinian armed robbers to this action, but they have failed to demonstrate this. This case is remanded to Durham County Superior Court for lack of subject matter jurisdiction.
Court: USDC Eastern District of North Carolina, Judge: Boyle, Filed On: April 8, 2024, Case #: 4:23cv210, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Tort, Negligence, Jurisdiction
J. Self rules in favor of the power company in a wrongful death action brought by the estate administrator arising from the diver's death while inspecting a headgate chain on the power company's dam. The employer's motion for summary judgment is denied and it must indemnify the power company for the settled claims resulting from the diver's death. The work performed by the diver was authorized by the purchase order in light of the change to the scope of work which occurred in a conversation between the employer's representative and river manager. The oral agreement modified the scope of work.
Court: USDC Middle District of Georgia, Judge: Self, Filed On: April 8, 2024, Case #: 4:22cv81, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Wrongful Death, Contract
J. Huntsman partially grants the plaintiffs' motion to remove the confidentiality designation from certain documents produced by the government in this lawsuit brought by a doctor asserting claims for false arrest, malicious prosecution and civil rights violations. The government previously marked every page of a report containing "the results of an internal investigation" as confidential. The court will require the government to redact portions of the report and rules that the parties can use the redacted report "in conducting this litigation."
Court: USDC Northern District of Oklahoma , Judge: Huntsman, Filed On: April 5, 2024, Case #: 4:22cv366, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Civil Rights, Discovery
J. Dick denies pre-trial requests by nine litigants to exclude evidence of drug use by two welders killed in a Louisiana paper mill explosion in 2017. The decedents are not involved in a negligence suit against the owners of the mill, where three workers were killed and seven others injured by the blast during “hot work” activities near a flammable tank. The evidence of drugs on the two men who also tested positive for drug use in post-mortem exams is material to the issue of what caused the deadly accident.
Court: USDC Middle District of Louisiana, Judge: Dick, Filed On: April 3, 2024, Case #: 3:18cv613, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Tort, Negligence, Discovery
J. Trauger denies the fencing defendants' motions to compel arbitration of the claims in this lawsuit alleging that a fencing student was sexually abused by her fencing coach while the student was a minor. The U.S. Fencing Association, which is the "national governing body for the sport," contends that the organization's membership waiver contains an arbitration clause. However, as the plaintiffs argue, the organization litigated the case "for nearly a year before ever raising the issue of arbitration." The court concludes that the governing organization acted inconsistently "with an intention to arbitrate."
Court: USDC Middle District of Tennessee , Judge: Trauger, Filed On: April 2, 2024, Case #: 3:22cv560, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Arbitration, Civil Procedure, Emotional Distress
J. Cartwright partially denies the government's motion to dismiss the government-contracted worker's complaint alleging that his excavator slid on the government's forest route, leading to his injuries. The government seeks to dismiss the worker's claims based on the discretionary function exception to the Federal Tort Claims Act, but the worker's claim that the Forest Service allowed logging to begin over the stretch of road where the worker's accident happened despite the contractor pointing out the hazard of an eroded shoulder survives, because that depends on disputed facts that must be resolved at trial.
Court: USDC Western District of Washington, Judge: Cartwright, Filed On: April 2, 2024, Case #: 3:22cv5303, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Government, Tort
J. Boyle partially denies a real estate broker’s partial motion to dismiss allegations of state vacation rental law violations brought by the administrator of the estate of a minor who drowned after he snuck into a swimming pool unsupervised. The broker argues that because it’s not a landlord, it isn’t beholden to any building or housing codes. However, the administrator correctly argues that under vacation rental law, the broker negligently maintained the property, exposing the minor to a drowning hazard.
Court: USDC Eastern District of North Carolina, Judge: Boyle, Filed On: April 1, 2024, Case #: 4:23cv101, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Property, Negligence, Wrongful Death