1,074 results for 'cat:"Tort"'.
J. Miller finds the trial court erred by not granting Facebook's motion to dismiss a lawsuit from an ammunition manufacturer over damages it sustained when an impostor created a clone of the manufacturer's Facebook account and used it to conduct business as the manufacturer. The allegations in the lawsuit are not enough to establish specific jurisdiction in a Florida court over Facebook, whose parent company is a Delaware corporation headquartered in California, in part because there is no tort claim alleged against Facebook. The trial court's order is reversed and the case is remanded for further proceedings. Reversed.
Court: Florida Courts Of Appeal, Judge: Miller, Filed On: April 3, 2024, Case #: 23-0948, Categories: tort, Jurisdiction
Per curiam, the appellate division finds that the lower court improperly denied the property owner's motion to dismiss personal injury claims stemming from a trip and fall on a sidewalk. The property abutting the sidewalk where the woman fell was an owner-occupied, residential property, so he cannot be held liable for defects in the sidewalk. Further, he showed that he did not create the uneven condition on the sidewalk. Reversed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: April 3, 2024, Case #: 01797, Categories: Property, tort
Per curiam, the appellate division finds that the lower court improperly granted a defendant's motion to dismiss this personal injury suit as untimely. Due to the tolling provision of the executive orders issued during the Covid-19 pandemic, the statute of limitations within which the plaintiff was required to file this action was tolled 228 days. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: April 3, 2024, Case #: 01790, Categories: Civil Procedure, tort
Per curiam, the appellate division finds that the lower court properly denied the restaurant's motion to dismiss claims stemming from a woman's trip and fall on a hose on the sidewalk abutting the property. The restaurant hired the oil clean-up company whose hose lay across sidewalk, and this conduct may qualify as making "special use" of the sidewalk, exposing the restaurant to liability. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: April 3, 2024, Case #: 01835, Categories: Property, tort
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J. Alvarez upholds the trial court's refusal to compel arbitration on parents' claims arising from injuries their child allegedly suffered while at a trampoline park. Although the park argues the father's friend signed the contract that contained the arbitration agreement on behalf of the father before entering the park, it is in dispute whether the streak mark on the agreement is his signature. Affirmed.
Court: Texas Courts of Appeals, Judge: Alvarez, Filed On: April 3, 2024, Case #: 04-23-00146-CV , Categories: Arbitration, tort, Contract
Per curiam, the appellate division finds that the lower court properly denied the realty firm's motion to dismiss a trip and fall suit stemming from a man's fall over a pipe protruding from one of the steps of a staircase on a commercial property. The firm failed to show that the pipe at issue was an open and obvious hazard, even if the injured man knew about the existence of the pipe before the accident. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: April 3, 2024, Case #: 01830, Categories: Property, tort
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. Breedlove finds that the lower court properly granted summary judgment for the appellees in this suit to enforce a settlement agreement, which arose from an automobile accident. The appellants argue that there was no enforceable settlement agreement, because there was no "tender" of the settlement amount and the insurance company "made a counteroffer, not an acceptance." However, the court finds that "the rule of tender found in Baucum is inapplicable" and that there was an agreement based on the demand letter and subsequent email. Affirmed.
Court: Texas Courts of Appeals, Judge: Breedlove, Filed On: April 3, 2024, Case #: 05-23-00181-CV, Categories: Insurance, Settlements, tort
J. Gruber finds the circuit court properly found for the homeowners on an invitee's allegations the lack of a railing on the home's second floor balcony caused him to fall from the balcony, sustaining injuries. The invitee knew of the dangerous condition that caused his injury, and no evidence shown brings into question any material fact. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Gruber, Filed On: April 3, 2024, Case #: CV-22-202, Categories: Evidence, tort, Negligence
Per curiam, the appellate division finds that the lower court properly dismissed the property owner's indemnification claims against the elevator maintenance servicer. The service contract provides that the owner retained exclusive control over repairs to the elevator, and the servicer was only responsible for maintenance. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: April 2, 2024, Case #: 01776, Categories: tort, Indemnification
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. Parker finds that the lower court improperly denied the city's plea to the jurisdiction in this personal injury lawsuit stemming from an automobile collision involving a police vehicle that was responding to an emergency. The court does not find that the officer's driving was reckless, as she "used her lights and siren" and "reduced her speed" before entering the intersection against a red light. Reversed.
Court: Texas Courts of Appeals, Judge: Parker, Filed On: April 2, 2024, Case #: 07-23-00400-CV, Categories: tort, Immunity, Jurisdiction
J. Carlyle finds that the lower court properly entered a take-nothing judgment following a jury trial in this lawsuit stemming from an automobile accident. The appellant argues that the lower court improperly seated a juror "against whom he had exercised a peremptory challenge," but he failed to timely object to the issue. Affirmed.
Court: Texas Courts of Appeals, Judge: Carlyle, Filed On: April 1, 2024, Case #: 05-22-00920-CV, Categories: Civil Procedure, Jury, tort
J. Gray finds that the lower court improperly tossed a lawsuit stemming from a car accident. The lower court tossed it on the grounds that it was barred by the statute of limitations, but because one of the people involved in the car crash did not attempt to locate the other party while they were out of state, the statute of limitations had not yet begun to toll. The case was not untimely as a result and can proceed. Reversed.
Court: Wyoming Supreme Court, Judge: Gray, Filed On: March 29, 2024, Case #: S-23-0219, Categories: Civil Procedure, tort
J. Nardacci grants summary judgment to a nursing home facility on a late father’s estate’s negligence and substantive due process claims stemming from the man’s death while under the facility’s care and supervision, but preserves its claims for medical malpractice and federal and state public health law violations for trial. The court rejects the nursing home’s contentions that there is no private right of action against nursing homes under the Federal Nursing Home Reform Act or that it cannot be held liable for the decedent’s injuries.
Court: USDC Northern District of New York, Judge: Nardacci, Filed On: March 29, 2024, Case #: 1:19cv604, NOS: Other Civil Rights - Civil Rights, Categories: tort, Due Process, Medical Malpractice
J. Dale grants the county and sheriff's office's motion for attorney fees in a matter in which the court found that an individual's "counsel knowingly presented to the jury an inaccurate and incomplete portrayal of compensation tendered to and promised to be paid by Plaintiff to a critical witness... in connection with her trial testimony." The court found that this misconduct interfered with the county and sheriff's department's ability to fairly present their case. The parties later settled. The individual's "counsel acted recklessly in filing the motion to set aside the Court’s judgment of dismissal, thereby unreasonably and vexatiously multiplying the proceedings in this matter." The county and sheriff's office are awarded $14,273 in attorney fees.
Court: USDC Idaho, Judge: Dale, Filed On: March 29, 2024, Case #: 1:18cv550, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Ada / Rehabilitation Act, tort, Attorney Fees
J. Blakey grants an asset management firm and its executives’ motions to dismiss counterclaims brought against them by one of the firm’s former managers. The asset management firm sued the former manager for breach of contract, fraud and trade secret misappropriation over his alleged lies to clients and intentional sabotage of business relationships. The former manager shot back with counterclaims of defamation, tortious interference and breach of fiduciary duty, but the court finds he has not sufficiently alleged any of these claims.
Court: USDC Northern District of Illinois, Judge: Blakey, Filed On: March 28, 2024, Case #: 1:22cv4269, NOS: Other Fraud - Torts - Personal Property, Categories: tort, Defamation, Interference With Contract
J. Jackson denies an offshore oilfield worker’s request for remand of his slip-n-fall some three miles off the Louisiana coast in the Gulf of Mexico. The worker unsuccessfully argues removal of his suit from state court was improperly based on federal jurisdiction over the Outer Continental Shelf lands in the Gulf of Mexico. Although he argues he was off-duty when he fell, the worker would not have been injured “but-for” his employment on the platform, where the vessel was moored and engaged in oil and gas activities in federal waters.
Court: USDC Middle District of Louisiana, Judge: Jackson, Filed On: March 28, 2024, Case #: 3:20cv00250, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Maritime, tort, Jurisdiction
J. Block preserves claims for loss of consortium and negligent infliction of emotional distress against New York City and its police. The suit was brought by the ex-wife and children of a man who was wrongfully imprisoned for 23 years on murder charges. The husband subsequently received a $6.3 million settlement from the city after his conviction was overturned. There are remains a dispute as to whether there was a possibility the two would reconcile their marriage and thus establish a claim for loss of consortium.
Court: USDC Eastern District of New York, Judge: Block, Filed On: March 28, 2024, Case #: 1:14cv3794, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, tort
J. Mercier finds that the lower court improperly ruled in favor of an Airbnb co-host sued by a renter for injuries she sustained while she was staying at the property. Evidence proves that the co-host should have predicted that a tree branch could fall and strike a person in the parking area below. Reversed in part.
Court: Georgia Court of Appeals, Judge: Mercier, Filed On: March 27, 2024, Case #: A24A0593, Categories: tort
J. Kyzar finds that the trial court improperly granted partial summary judgment and dismissed the family members' wrongful death claims over the death of their father from a heart attack following a rear-end auto accident with a truck. There are issues of material fact as to whether the father's heart attack "was caused by or at least precipitated by the accident and injuries he suffered therefrom." Reversed.
Court: Louisiana Court Of Appeal, Judge: Kyzar, Filed On: March 27, 2024, Case #: CW-23-750, Categories: tort, Wrongful Death
J. Mazzant denies in part the motions of the school district's superintendent and former transportation director to dismiss the parents' second amended complaint alleging their two children were sexually abused by a bus driver who was later arrested and died following his attempted suicide in jail. The parents alleged sufficient facts to defeat the school officials' qualified immunity as to the Section 1983 bodily integrity claims, and their request for punitive damages stands based on the officials' alleged failure to intervene despite the "onboard bus surveillance videos and anomalous GPS data" indicating the abuse.
Court: USDC Eastern District of Texas , Judge: Mazzant, Filed On: March 27, 2024, Case #: 4:22cv814, NOS: Other Civil Rights - Civil Rights, Categories: Civil Procedure, Civil Rights, tort