176 results for 'cat:"Tort" AND cat:"Negligence"'.
Per curiam, the Fifth Circuit finds the district court properly granted the water tank manufacturer’s motion for summary judgment in this negligence suit brought by the employee injured in a scaffold collapse. Though the scaffold was tagged as “unfit for use” there was no genuine dispute of material fact that the employer did not commit an “intentional act” under Louisiana law. While the injured party’s evidence might raise a fact issue on negligence or recklessness, there is no genuine dispute of material fact that the company knew to a that the employee would be injured. The company’s reply did not raise any new arguments warranting a sur-reply, for which leave was properly denied. Affirmed.
Court: 5th Circuit, Judge: Per curiam, Filed On: October 3, 2023, Case #: 23-30120, Categories: tort, negligence
J. Friot denies the Halliburton defendants' post-trial motions in this lawsuit arising from a motor vehicle accident. The negligent entrustment claim was properly submitted to the jury, as "the facts underlying the negligent entrustment claim can be argued either way." Also, they were not prejudiced by certain trial testimony provided by the plaintiff driver's treating physician.
Court: USDC Western District of Oklahoma , Judge: Friot, Filed On: September 29, 2023, Case #: 5:22cv159, NOS: Motor Vehicle - Torts - Personal Injury, Categories: tort, Vehicle, negligence
J. Flanagan partially dismisses, for procedural reasons, a family’s lawsuit against their son’s private school for infliction of emotional distress. Because the boy no longer attends the school, he has no standing to sue under Title III of the ADA, as he cannot show the threat of future harm. Negligence claims against the school fail because the family alleges intentional conduct just by two employees. Several retaliation, contract and negligence claims survive the motion.
Court: USDC Eastern District of North Carolina, Judge: Flanagan, Filed On: September 28, 2023, Case #: 5:22cv201, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Education, tort, negligence
J. Sharer concurs with the trial court’s finding in favor of the neighbor of a dog owner after the dog bit the neighbor, and the dog owner will not be granted a new trial. This is because the dog was “at large” or loose outside on property that the dog owner and neighbor shared, and because the neighbor did not provoke the dog in any way. The dog owner is liable for the dog’s behavior when it is not leashed, and the neighbor was awarded over $130,000 for medical treatment and other damages. Although the owner believes the award is shocking and unreasonable, the court disagrees and there is no need for a new trial. Affirmed.
Court: The Appellate Court of Maryland, Judge: Sharer, Filed On: September 27, 2023, Case #: 24-C-21-000655, Categories: Evidence, tort, negligence
J. Lampkin finds that the lower court improperly awarded a man $18 million after finding that the trucking company was the shipping broker's agent at the time of the accident. The evidence overwhelmingly shows that the driver and trucking company were not the broker's agents as the broker exercised little to no control over the company's drivers. Reversed.
Court: Illinois Appellate Court, Judge: Lampkin, Filed On: September 27, 2023, Case #: 220633, Categories: tort, negligence
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J. Rowe finds the trial court properly sustained the grocery store's challenge to evidence sufficiency in this negligence suit brought by a contractor who fell off a ladder supplied by the store when installing a new checkout lane. While a property owner has a duty to keep the premises reasonably safe for a contractor, there is an exception when the owner does not direct the work and the hazards resulting in injury are incidental to the work. The contractor has failed to establish that the owner owed him a duty of care. Affirmed.
Court: Oklahoma Supreme Court, Judge: Rowe , Filed On: September 26, 2023, Case #: 120434, Categories: Construction, tort, negligence
J. Navarro makes findings of fact and conclusions of law as to this federal tort claims act arising from a construction-zone accident between the driver of an RV and a semi-truck driver working for the FAA. The RV driver has not cast sufficient doubt on the truck driver's credibility or his version of events. The RV driver did not elicit sufficient testimony at trial supporting his and a corroborating witness's version of events, or that the truck driver failed to maintain his lane. And so, the RV driver has failed to meet his burden to show the United States breached a duty of care.
Court: USDC Nevada, Judge: Navarro , Filed On: September 26, 2023, Case #: 2:20cv1584, NOS: Motor Vehicle - Torts - Personal Injury, Categories: tort, Vehicle, negligence
J. Chuang denies the Washington Commanders football stadium its motion to compel arbitration and dismiss negligence allegations brought by a group of Philadelphia Eagles fans who were injured at a game. After the game, the group went to an area in hopes of meeting some of the Eagles players. Stadium staff allowed them into an area, and while the group waited, they all fell after a railing they were leaning on gave way. The staff helped them up after they each fell five to ten feet onto a hard surface but failed to treat them further, telling them to "get the fuck out of the stadium." The group returned home and presently continue to receive medical treatment for their injuries. Although the NFL promised to investigate the incident, it nor any other parties have done so. Those parties argue that one of the group member's cousin was their "ticket agent" and therefore subject to arbitration, but they have not met their burden to prove this.
Court: USDC Maryland, Judge: Chuang, Filed On: September 14, 2023, Case #: 8:22cv2276, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Arbitration, tort, negligence
J. Mazzant finds that the district court improperly found that the city did not have sovereign immunity as to this wrongful death suit arising from the shooting death of a woman by a defendant who had been released while his charges for two other shootings were pending. The chief of police did not owe a duty to protect the victim or her family from the drive-by shooting, and so the negligence claims cannot be sustained. By proxy, the Mississippi Tort Claims Act claims against the city cannot be sustained, and the city is therefore entitled to sovereign immunity. Reversed.
Court: 5th Circuit, Judge: Mazzant , Filed On: September 13, 2023, Case #: 22-60231, Categories: tort, Immunity, negligence
J. Flanagan grants the University of North Carolina’s motion to dismiss allegations of negligence for not addressing sexual abuse claims brought by a former student and athlete. The alleged abuser was the sports medicine director at the school, and the student — along with others making similar claims — alleges that the director instructed the student to remove his compression shorts during an exam, then touched and massaged the student's genitals without his consent. In 2015 and 2016, other coaches had reported suspected sexual misconduct by the director, but no claims were ever confirmed. Despite the fact that the university moved the director to an administrative position a year after the reports, legally it did not have actual knowledge of the director’s behavior.
Court: USDC Eastern District of North Carolina, Judge: Flanagan, Filed On: September 11, 2023, Case #: 5:23cv216, NOS: Education - Civil Rights, Categories: Education, tort, negligence
Per curiam, the Fifth Circuit finds the district court properly granted summary judgment in favor of United Airlines in this personal injury suit. The airline passenger, travelling from Houston to San Francisco, claims that he suffered injuries when his wheelchair collided with a wall during the boarding process. Though a witness says that she saw a United employee push the passenger into the wall, the statement was untimely and properly disregarded. The passenger has failed to offer other evidence that his injury occurred in relation to any conduct by United. Affirmed.
Court: 5th Circuit, Judge: Per curiam, Filed On: September 11, 2023, Case #: 23-20017, Categories: Evidence, tort, negligence
J. Chuang denies in part a grocery store’s motion to dismiss allegations of statutory and common law tort brought by two residents who own a home across the street. The grocery has allegedly significantly increased noise, trash and traffic on the residents’ property. Also, a person who shoplifted at the store ran onto the residents’ property to evade authorities, then tried to steal their bikes. Construction of the store also caused vibrations so strong it shook the residents’ home and made cracks in their driveway. The residents have, therefore, plausibly argued trespass, negligence and private nuisance. However, the residents’ claims of violations of a state environmental statute fail because only political subdivisions can use this particular rule, not individual homeowners. Their case is also not strong enough to sufficiently argue emotional distress claims.
Court: USDC Maryland, Judge: Chuang, Filed On: September 8, 2023, Case #: 8:22cv2396, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Property, tort, negligence
J. Engelmayer denies Starbucks' motion to dismiss a negligence action stemming from an incident in which another patron violently attacked the plaintiff. The store manager had already asked the patron to leave, which he refused, and called the police before the attack occurred. The assaulted man presented evidence of past assaults at the same location and showed a heightened risk to patrons presented by the location of the coffee shop immediately below a methadone clinic. From this evidence, a jury could find that the attack was foreseeable to Starbucks and its executives responsible for customer safety.
Court: USDC Southern District of New York, Judge: Engelmayer, Filed On: September 1, 2023, Case #: 1:22cv2409, NOS: Other Personal Injury - Torts - Personal Injury, Categories: tort, negligence
J. Palafox finds a lower court partially erred in granting summary judgment against a negligence claim brought by a truck driver against another truck driver following an accident caused by a loss in tire pressure. The suing truck driver may still establish a "logically traceable connection" between negligence of the other driver and his injury, and therefore summary judgment was not appropriate at this stage of the case. Reversed in part.
Court: Texas Courts of Appeals, Judge: Palafox, Filed On: September 1, 2023, Case #: 08-22-00101-CV, Categories: tort, Vehicle, negligence
J. Reichek finds that the lower court improperly ruled in favor of the restaurant customer on her personal injury claim stemming from an incident in which a security guard allegedly removed her from the restaurant and slammed her onto the concrete. Expert medical testimony was needed to show the causal link between the customer's injuries and the incident. However, the lower court did not err by imposing certain monetary sanctions. Reversed in part.
Court: Texas Courts of Appeals, Judge: Reichek, Filed On: August 30, 2023, Case #: 05-21-00552-CV, Categories: Sanctions, tort, negligence
J. Pregerson grants a media company's motion to dismiss an individual's negligence claim following a data breach in which his email address and login information were accessed. Hackers obtaining the individual's email address and login does not rise to the level of identity theft, and the individual does not show how obtaining his "personal music listening history" is comparable to social security numbers, credit card information or other sensitive personal information. The individual knew that he had not provided any sensitive information when he used the app.
Court: USDC Central District of California, Judge: Pregerson, Filed On: August 29, 2023, Case #: 2:20cv4855, NOS: Other Personal Property Damage - Torts - Personal Property, Categories: tort, negligence
J. Kleeh denies the hydrocarbon exploration company's motion for relief from the court's March 30 order denying its motion for summary judgment in the roustabout's suit claiming the negligence of its employees in following safety protocols for "lockout/tagout" resulted in the amputation of his fingers on his right hand. The company "has not established any intervening change in law, a subsequent trial producing different evidence, or clear error of law creating manifest injustice warranting reconsideration."
Court: USDC Northern District of West Virginia, Judge: Kleeh, Filed On: August 28, 2023, Case #: 1:20cv74, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Energy, tort, negligence
J. Wilson finds that the trial court improperly denied summary judgment to the city in a suit stemming from a crash between a fire engine and another vehicle. The city established the elements of its official immunity defense, including that the fire engine operator's actions were discretionary and that he was acting in good faith when the incident happened. Reversed.
Court: Texas Courts of Appeals, Judge: Wilson, Filed On: August 22, 2023, Case #: 14-22-00368-CV, Categories: tort, Immunity, negligence
Per curiam, the appellate division finds that the lower court properly denied MoMA's motion to dismiss negligence and labor law claims stemming from an HVAC technician's injuries. The tech was working on a ladder to replace a CO2 sensor when a hot water pipe burst and caused her to fall off the ladder. The museum failed to show that the deteriorating condition of its water pipes was not discoverable upon a reasonable inspection of the pipes. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: August 16, 2023, Case #: 04292, Categories: tort, negligence
J. Dever grants summary judgment to a hog farm following allegations of negligence and trespass brought by residents living in close proximity to the farm. The residents claim the farm allowed hog feces, urine, dust and other contaminants to land on their properties and putrefy their air. However, they fail to show sufficient evidence that these substances came solely from the hog farm.
Court: USDC Eastern District of North Carolina, Judge: Dever, Filed On: August 16, 2023, Case #: 7:20cv85, NOS: Torts to Land - Real Property, Categories: Property, tort, negligence
J. Navarro grants Lowes’ motion for summary judgment in this personal injury suit brought by the disabled veteran onto whom several wooden panels fell as he moved them to inspect their condition. An employee who left the veteran to inspect the panels himself told him that he would return after helping another customer. The veteran’s injuries were not caused by the action of any Lowe’s employee, and he fails to establish that a genuine issue of material fact exists.
Court: USDC Nevada, Judge: Navarro, Filed On: August 15, 2023, Case #: 2:20cv773, NOS: Other Personal Injury - Torts - Personal Injury, Categories: tort, negligence, Premises Liability
J. Kirsch finds that the lower court properly found for the company in a tort suit filed by a truck driver injured while delivering products to one of the company's stores. The store did not owe the driver a duty of care, and it did not create an unsafe work area by placing pallets to be disposed of next to the dumpster. Further, the driver's expert's opinion regarding the allegedly unsafe "walkie" machine he was provided to unload the truck is unreliable. Affirmed.
Court: 7th Circuit, Judge: Kirsch, Filed On: August 15, 2023, Case #: 22-2825, Categories: tort, negligence
J. Briccetti denies the military boarding school's motion to dismiss a former cadet's claims that senior cadets regularly beat junior cadets in the middle of the night with socks filled with bars of soap and committed sexual assaults with the tacit approval of the administration. The school's bankruptcy material's are not included with the complaint so they may not be considered on a motion to dismiss. Further, there is no merit to the school's claims that the cadet's claim for failure to report child abuse must be dismissed because he was abused by other cadets, not by a staff member.
Court: USDC Southern District of New York, Judge: Briccetti, Filed On: August 14, 2023, Case #: 7:21cv6872, NOS: Other Civil Rights - Civil Rights, Categories: Education, tort, negligence