1,072 results for 'cat:"Tort"'.
J. Sullivan grants Target its motion to dismiss discrimination claims brought by a former part-time “guest advocate.” The advocate, a Black woman, claims she was subject to ongoing harassment and stalking by another Black woman employee, who seemed interested in a sexual relationship with her. She also claims Target did little to stop the other employee’s behavior. However, because she does not claim that the conditions of her employment were adversely effected by the harassment and stalking, she fails to state a claim.
Court: USDC Maryland, Judge: Sullivan, Filed On: May 12, 2023, Case #: 8:22cv2088, NOS: Employment - Civil Rights, Categories: Civil Rights, tort, Negligence
J. McShan finds that the lower court should have found for a self-employed contractor who fell when a ladder slipped out from under him while he installed security cameras because the commercial garage owner and the tenant who requested the cameras failed to raise triable issues of fact as to whether they provided adequate safety devices or whether the contractor had been partially at fault concerning ladder placement. Reversed.
Court: New York Appellate Divisions, Judge: McShan, Filed On: May 11, 2023, Case #: 535789, Categories: Construction, tort
J. Ceresia finds that the lower court should have ruled for two subcontractors involved in renovating an office building in which the tenant's employee sustained injury in a trip-and-fall accident for lack of evidence of subcontractor liability and because each subcontractor denied installing a threshold plate at the elevator. However, the building owner was properly denied summary judgment because maintenance reports were not sufficiently specific concerning inspections of the elevator area. Reversed in part.
Court: New York Appellate Divisions, Judge: Ceresia, Filed On: May 11, 2023, Case #: 535777, Categories: Evidence, tort
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J. Garry finds that the lower court properly declined to dismiss claims brought against the landlord after a tenant's dog attacked a child because triable issues remain unresolved as to whether the tenant knew the dog might act viciously and whether such knowledge could be imputed to the landlord, an in-law. Affirmed.
Court: New York Appellate Divisions, Judge: Garry, Filed On: May 11, 2023, Case #: 535530, Categories: Landlord Tenant, tort
J. Berger denies the automotive manufacturer’s motion for partial summary judgment on the New York residents claims of breach of implied warranty of merchantability and punitive damages for injuries he and his son sustained after crashing their UTV while riding with family. Based on evidence presented that the vehicle had design and manufacturing flaws with its “lower A-arms” that could be discovered via routine testing, and the manufacturer possibly made a concerted effort to conceal evidence during discovery, the court finds the father’s claim should be decided by a jury.
Court: USDC Southern District of West Virginia, Judge: Berger, Filed On: May 11, 2023, Case #: 2:21cv501, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: tort, Damages, Product Liability
J. Aarons finds that the lower court properly declined to set aside the verdict favoring a tractor trailer driver as stemming from a car collision because the driver's explanation of maneuvers he had taken to initiate a wide right turn into a parking lot differed from plaintiff's version of events. Affirmed.
Court: New York Appellate Divisions, Judge: Aarons, Filed On: May 11, 2023, Case #: 535301, Categories: tort, Vehicle
J. Hettel finds that the lower court properly found for the city in a trip and fall suit stemming from a woman's accident on a pedestrian bridge. Google Earth photos showing a visible gap between the concrete and pavers on the bridge do not qualify as constructive notice to the city, and were inadmissible because they were provided to the court without authentication. Affirmed.
Court: Illinois Appellate Court, Judge: Hettel, Filed On: May 11, 2023, Case #: 220105, Categories: tort, Negligence, Technology
J. Crocker finds largely in favor of the food testing laboratory in a lawsuit from a protein powder manufacturer claiming the laboratory contaminated its products with Salmonella during testing, causing millions of dollars of damages in out-of-pocket costs and lost profits. Due to the nature of the business relationship between the parties and the terms of the agreement the two entered in 2017, the manufacturer is barred from bringing its claim under Wisconsin's Deceptive Trade Practices Act, and its negligence claim is dismissed without prejudice according to the economic loss doctrine under the applicable Iowa law. The laboratory has until June 9, 2023, to reassert its negligence claim in an amended complaint.
Court: USDC Western District of Wisconsin, Judge: Crocker, Filed On: May 11, 2023, Case #: 3:22cv655, NOS: Other Personal Property Damage - Torts - Personal Property, Categories: tort, Negligence, Contract
J. Moulton finds that the lower court improperly found that the "danger invites rescue doctrine" could not be applied to this case where the worker was injured attempting to rescue a co-worker who was trapped by a trench collapse. The rescue doctrine can apply to claims under New York Labor Law, as it is premised on an assumption that bystanders to an accident will be impelled to help that person. The law is intended to protect all workers placed at risk by noncompliance with the Industrial Code, including workers who seek to rescue their coworkers. Reversed.
Court: New York Appellate Divisions, Judge: Moulton, Filed On: May 11, 2023, Case #: 02589, Categories: tort, Labor
J. Grogan finds the circuit court improperly granted summary judgment to the general contractor in a lawsuit from a painting subcontractor employee who fell down an exposed elevator shaft at the contractor's residential remodel construction site, causing injuries requiring cranial and spinal surgeries. The independent contractor rule from Wisconsin Supreme Court precedent does not shield the contractor from liability for the employee's injuries, in part because the only written contract it entered related to the project, which it signed with the company who provided the elevator, held that the contractor was solely responsible for the safety of all workers and subcontractors with relation to the elevator shaft before the elevator was installed. Because there also remain disputed facts about whether the two-by-four guardrails installed on the shaft and other safety precautions protect the contractor from the employee's negligence and safe place claims, the contractor cannot be dismissed, but the part of the circuit court's summary judgment order dismissing the contractor's employee individually is upheld. All other matters, including the claims of an insurance company, will be handled on remand. Reversed in part.
Court: Wisconsin Court of Appeals, Judge: Grogan, Filed On: May 10, 2023, Case #: 2021AP001720, Categories: tort, Negligence, Contract
J. Ortego finds that the trial court properly ruled in favor of the religious diocese in a lawsuit stemming from a sexual encounter between middle school students in a school restroom after the dismissal bell. The evidence does not show that the diocese "breached its duty of reasonable supervision." Affirmed.
Court: Louisiana Court Of Appeal, Judge: Ortego, Filed On: May 10, 2023, Case #: CA-22-623, Categories: Education, Evidence, tort
Per curiam, the appellate division finds that the lower court improperly granted the Archdiocese's motion to dismiss a suit alleging abuse by two Catholic priests. While the Archdiocese did not legally own the premises where the alleged abuse occurred, that fact does not foreclose the possibility the alleged abusers were agents of the Archdiocese or that the Archdiocese had supervisory authority over them. Reversed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 9, 2023, Case #: 02455, Categories: Property, tort
J. Walker grants the company's motion for default judgment. The franchisee has failed to respond to a request to answer for breach of contract, conversion, and tortious interference claims.
Court: USDC Eastern District of Virginia, Judge: Walker, Filed On: May 9, 2023, Case #: 2:22cv272, NOS: Franchise - Contract, Categories: tort, Conversion, Contract
J. Theriot finds that the trial court properly ruled in favor of the insurers and dismissed the brine company's petition to annul a prior appellate court judgment. The brine company did not show that the appellate court's "allotment system" caused any adverse judgment. Affirmed in part.
Court: Louisiana Court Of Appeal, Judge: Theriot, Filed On: May 9, 2023, Case #: 2022CA1031, Categories: Civil Procedure, tort
J. Greene finds that the trial court improperly dismissed the parents' claims brought on behalf of their son who was allegedly injured by a classmate in the playground of a school. There are genuine issues of material fact that precluded summary judgment in favor of the parents of the classmate. Reversed in part.
Court: Louisiana Court Of Appeal, Judge: Greene, Filed On: May 9, 2023, Case #: 2022CA1151, Categories: Civil Procedure, tort, Negligence
J. Singh finds that the lower court properly denied the defendant's lender's motion to dismiss a co-lender's suit accusing it of inducing a breach of contract - negotiating a financing agreement when the borrower had agreed not to incur any additional indebtedness - where there is no contractual remedy. The plaintiff lender is not precluded from stating a claim against the defendant lender for tortiously interfering with its loan agreements, even when the defendant was a party to those contracts. Affirmed.
Court: New York Appellate Divisions, Judge: Singh, Filed On: May 9, 2023, Case #: 02476, Categories: tort, Banking / Lending, Contract
Per curiam, the appellate division finds that the lower court properly found for the city in a trip and fall suit stemming from a woman's fall in a pothole. The city showed it had no written notice of a defective condition where the accident occurred. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 9, 2023, Case #: 02475, Categories: Transportation, tort
J. Jenkins partially grants one nman’s motion to dismiss intentional tort and privacy violation claims brought by his former friend, who sues because he says the defendant engaged in a monthslong campaign to manipulate and gaslight him and his boyfriend, to the point of accessing their electronic devices without permission and lying that the suing man’s boyfriend was cheating on him. The court allows all but one of the plaintiff’s 12 claims to survive, only dismissing a negligent supervision claim against the defendant’s business.
Court: USDC Northern District of Illinois, Judge: Jenkins, Filed On: May 9, 2023, Case #: 1:22cv2344, NOS: Other Statutory Actions - Other Suits, Categories: tort, Emotional Distress, Privacy
Per curiam, the appellate division finds that the lower court properly denied the theater's motion to dismiss a trip and fall suit stemming from a woman's fall on a winder staircase in the theater's backstage area. The theater did not eliminate all questions of fact as to whether the staircase's handrail placement constituted a dangerous condition. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 9, 2023, Case #: 02472, Categories: tort