1,060 results for 'cat:"Tort"'.
Per curiam, the appellate division finds that the lower court improperly found for the property owner in a slip and fall action stemming from a man's fall on black ice in the property owner's parking lot. The property owner failed to establish that it did not have constructive notice of the alleged ice condition. Reversed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: June 14, 2023, Case #: 03223, Categories: tort
J. Bennett denies CSX's motion to dismiss tort claims brought by a class of residents alleging exposure to toxic coal dust following an explosion near the residents' homes. The explosion, at a coal processing plant, covered nearby houses in the dust, which contained lead, arsenic, silica and other carcinogenic substances. CSX argues the class cannot state a claim, but the class's allegations are sufficient for property damage, personal injury, trespass and nuisance.
Court: USDC Maryland, Judge: Bennett, Filed On: June 14, 2023, Case #: 1:22cv2684, NOS: Torts to Land - Real Property, Categories: Environment, Property, tort
Per curiam, the appellate division finds that the lower court improperly dismissed a slip and fall suit stemming from a customer's fall in the bathroom of a supermarket. Questions of fact remain as to whether the supermarket provided any warning that the bathroom had been recently mopped and was slippery. Reversed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: June 14, 2023, Case #: 03222, Categories: tort
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J. Randolph reverses the district court's dismissal of an individual's second action related to her allegations she was sexually abused by a teacher when she was 14 years old and remained in the relationship for five years. The statute of limitations changed between the dismissal of her first action, which was dismissed for untimeliness, and the filing of her second action, which was dismissed on res judicata grounds. Reversed.
Court: DC Circuit, Judge: Randolph, Filed On: June 13, 2023, Case #: 22-7021, Categories: Civil Procedure, tort
J. Pepper adopts the magistrate judge’s recommendation to dismiss the daughter’s wrongful death and medical malpractice lawsuit against the hospital, hospice, nursing home and medical workers over the death of her mother, as well as alleged harassment and discrimination from her neighbors. Because none of the daughter’s claims coherently invoke federal law, her objections to the magistrate’s recommendation are overruled and the case is dismissed for failure to state a claim.
Court: USDC Eastern District of Wisconsin, Judge: Pepper, Filed On: June 13, 2023, Case #: 2:21cv1440, NOS: Personal Injury - Medical Malpractice - Torts - Personal Injury, Categories: tort, Negligence, Medical Malpractice
J. Gaitas reverses the district court's finding that the state patrol is not entitled to dismissal of a dog-bite claim due to sovereign immunity. A Minnesota dog-bite statute's attribution of liability to the "owner" of the dog does not constitute a waiver by the legislature of sovereign immunity.
Court: Minnesota Court Of Appeals, Judge: Gaitas, Filed On: June 12, 2023, Case #: A22-1545, Categories: tort, Immunity
J. Berton partially grants a motion to compel discovery filed by a consumer who sued Lowe’s after he said a box fell on him while he was shopping, severely injuring him. While some of the consumer’s discovery requests are overly broad, Lowe’s must turn over some of the information he requests, including information about the incident as well as maintenance procedures in the area where the incident happened.
Court: USDC Western District of Texas , Judge: Berton, Filed On: June 12, 2023, Case #: 3:22cv296, NOS: Other Personal Injury - Torts - Personal Injury, Categories: tort, Damages, Discovery
J. Engelhardt finds the district court improperly granted the shipyard summary judgment on the ground that its mesothelioma-diagnosed employee’s state law tort claims are not preempted by the federal Longshore and Harbor Workers’ Compensation Act. The employee claims that he was negligently exposed to asbestos while working on U.S. Navy ships. Though concurrent jurisdiction is allowed as to certain claims under the Act, the employee’s claims, which arise from exposure in 1969, are not preempted by the version of the Act in place at that time. Reversed and remanded.
Court: 5th Circuit, Judge: Engelhardt, Filed On: June 12, 2023, Case #: 21-30761, Categories: Maritime, tort, Jurisdiction
J. Garcia dismisses for failure to state a claim a lawsuit brought by a woman against her former employer over a data breach. While the company did indeed suffer a data breach, and the woman alleges the breach will pose an “omnipresent threat” to affected employees “for the rest of their lives,\” she has failed to show that she suffered an actual injury that is “traceable” to the company.
Court: USDC New Mexico, Judge: Garcia, Filed On: June 9, 2023, Case #: 1:22cv662, NOS: Other Personal Injury - Torts - Personal Injury, Categories: tort, Damages, Technology
J. Kobes finds a lower court properly dismissed a group of motorists' Federal Tort Claims Act violations. The group argued that the Standing Rock Sioux Tribe was obligated to warn them about dangerous road conditions. However, the court lacked subject matter jurisdiction. Affirmed.
Court: 8th Circuit, Judge: Kobes, Filed On: June 9, 2023, Case #: 22-1721, Categories: tort, Native Americans, Jurisdiction
J. Simms denies reconsideration of an asphalt roller operator’s motion to dismiss a personal injury suit brought by the operator’s coworker after he hit and injured him with the roller. While the operator argues that this suit cannot proceed according to the jurisdiction in which the injury occurred — Washington D.C. — Maryland actually has a greater interest in the case based on its workers’ compensation law. Therefore, the coworker’s claim cannot be dismissed based on jurisdiction.
Court: USDC Maryland, Judge: Simms, Filed On: June 9, 2023, Case #: 8:22cv1076, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Employment, tort, Workers' Compensation
J. Kemp denies Monsanto’s petition for any supervisory writ preventing the circuit court from allowing deposition of the chief executive officer of Bayer AG, Monsanto’s parent corporation and a German citizen, saying it acted beyond its jurisdiction in this suit against Monsanto and Walmart alleging a failure to warn, negligence and deceptive trade practices violations brought by the cancer patient. The requested writs are not appropriate remedy to reverse a discovery order and would require the Arkansas Supreme Court to delve into the underlying merits, which has been often held to be improper in decisions on issuing writs.
Court: Arkansas Supreme Court, Judge: Kemp, Filed On: June 8, 2023, Case #: CV-22-635, Categories: tort, Negligence, Jurisdiction
J. Kennedy finds that the lower court properly rendered a take-nothing judgment on the appellant's negligence claims stemming from a car collision. The appellant driver challenges the jury's answer as to the liability question, but the jury was entitled to "resolve conflicts and inconsistences in the testimony." The jury's negligence finding was supported by factually sufficient evidence. Affirmed.
Court: Texas Courts of Appeals, Judge: Kennedy, Filed On: June 8, 2023, Case #: 05-22-00819-CV, Categories: Evidence, tort
J. Gesner grants a car dealership its motion to dismiss a negligence and personal injury claims after a customer tripped and fell on uneven rugs, hitting his face and hurting his shoulder and left knee. Because the customer did not file his claim until almost the very end of the statute of limitations in which to do so, his delay unfairly prejudiced the dealership.
Court: USDC Maryland, Judge: Gesner, Filed On: June 8, 2023, Case #: 1:22cv1487, NOS: Other Personal Injury - Torts - Personal Injury, Categories: tort, Negligence, Premises Liability
J. Carlyle finds that the lower court properly rendered a no-evidence summary judgment in favor of the owners of a car dealership in this premises liability case involving an alleged slip and fall. The customer failed to adequately respond to the owners' no-evidence motion. Affirmed.
Court: Texas Courts of Appeals, Judge: Carlyle, Filed On: June 8, 2023, Case #: 05-21-01058-CV, Categories: Evidence, tort
Per curiam, the appellate division finds that the lower court properly granted the school's motion to compel discovery in a personal injury suit. The family must provide the school with a supplemental bill of particulars describing the location of the accident beyond just the address of the school. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: June 7, 2023, Case #: 03028, Categories: tort, Discovery
Per curiam, the appellate division finds that the lower court properly dismissed a personal injury suit stemming from a trip and fall on a sidewalk in front of a CVS Pharmacy. The height differential between the sidewalk and the curb where the customer tripped was physically insignificant and did not create a dangerous condition. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: June 7, 2023, Case #: 03002, Categories: tort
J. Maltese finds that the lower court properly declined to dismiss a personal injury suit stemming from the fall of a chunk of concrete that knocked a man unconscious on a subway platform. The city failed to make a prima facie showing that it did not cause of create the dangerous condition in the sidewalk above the station. Affirmed.
Court: New York Appellate Divisions, Judge: Maltese, Filed On: June 7, 2023, Case #: 03007, Categories: tort
Per curiam, the appellate division finds that the lower court properly dismissed this construction injury suit stemming from a worker's fall on ice. The worker's alleged injury was not caused by a hazard inherent in the work he was obligated to perform. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: June 6, 2023, Case #: 02989, Categories: Employment, tort
J. Arterburn finds the trial court properly granted summary judgment to Target in this slip-and-fall suit. The injured party testified to slipping and falling on the sidewalk outside Target after walking across purple “ice melt,” injuring her knee. She wasn’t sure whether or not there was ice where she slipped and a Target employee testified to possibly having already treated the area with ice melt. No evidence was shown that Target had actual or constructive notice of the potential non-visible ice. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Arterburn, Filed On: June 6, 2023, Case #: A-22-805, Categories: Evidence, tort, Negligence
J. Brown finds in favor of the owner of a vintage 1930 Brunner-Winkle Bird aircraft on all claims stemming from an accident in which the litigant’s arm was almost severed while hand-propping the aircraft’s engine. The court finds the litigant had knowingly assumed a level of risk due to his extensive experience as an aircraft mechanic and vintage aircraft enthusiast and that, by his own admission, there was nothing the owner, who was operating the aircraft at the time, could have done differently that would have prevented the accident.
Court: USDC Eastern District of New York, Judge: Brown, Filed On: June 6, 2023, Case #: 2:21cv2292, NOS: Airplane - Torts - Personal Injury, Categories: tort, Negligence, Aviation
J. Pedersen finds that the lower court improperly denied the Texas Department of Transportation's plea to the jurisdiction as to the claim for property damage, stemming from an alleged car accident in a construction zone. Under the Texas Tort Claims Act, the department's immunity was not waived for the car owner's personal property claim. Accordingly, that claim should be dismissed due to a lack of jurisdiction. Reversed in part.
Court: Texas Courts of Appeals, Judge: Pedersen, Filed On: June 5, 2023, Case #: 05-22-00498-CV, Categories: tort, Vehicle, Jurisdiction