599 results for 'cat:"Vehicle"'.
J. Zimmerer finds that the lower court improperly overturned the suspension of the individual's driver's license stemming from a traffic stop and her arrest for DWI. There was substantial evidence to support the administrative judge's decision to suspend the license, and the "Miranda Confusion Doctrine" is not recognized in Texas as a defense for refusing the breath test. Reversed.
Court: Texas Courts of Appeals, Judge: Zimmerer, Filed On: April 18, 2024, Case #: 14-23-00506-CV, Categories: Licensing, vehicle
J. Pickett finds that the lower court properly awarded the mother $1.5 million and the son $125,000 for the injuries they suffered in a three-vehicle accident where one of the drivers drove a box truck covered by the insurance company. The insurance company claims that the trial court did not conduct the conference about the addressed issue on the record, but nothing on the record shows that the trial court rejected a request to do so. There is also no need to reverse the jury's assessment of fault, because they freely accepted or rejected the conflicting witness testimony in the underlying lawsuit. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Pickett, Filed On: April 17, 2024, Case #: CA-23-442, Categories: Insurance, vehicle, Damages
J. Hutchison affirms the lower court's order denying defendant's motion to correct its order for a six-month suspended sentence on a misdemeanor charge of joyriding in lieu of 10-days of actual jail time followed by one-year unsupervised probation to reflect time-served for good behavior. The judge did not abuse his discretion by instructing defendant to file a separate civil suit against the West Virginia Division of Corrections and Rehabilitation within three months, then denying her motion when she failed to provide notice of a suit.
Court: West Virginia Supreme Court Of Appeals, Judge: Hutchison, Filed On: April 17, 2024, Case #: 22-685, Categories: Burglary, Sentencing, vehicle
J. Arterburn finds the trial court properly convicted defendant for operating a motor vehicle during revocation. Though defendant was observed in the driver's seat before the traffic stop, upon making contact officers found him lying down between seats, with a woman driving. Though defendant argues the woman's testimony was consistent with his claim he was never driving, jurors found the officers' testimony more credible, and credibility findings will not be reviewed. Affirmed in part.
Court: Nebraska Court Of Appeals, Judge: Arterburn , Filed On: April 16, 2024, Case #: A-23-435, Categories: Evidence, Sentencing, vehicle
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J. Seeley finds the trial court properly granted the city’s motion to dismiss for lack of subject matter jurisdiction in this personal injury dispute brought by a driver after she was injured and her vehicle was damaged on a defective roadway. The driver alleges the city was aware of the condition and failed to repair it because she had reported a defective water main hole cover to the police and the public works department. She failed to state a cause of injury in her notice. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Seeley, Filed On: April 15, 2024, Case #: AC46460, Categories: Government, vehicle, Negligence
J. Johnson reverses the district court's dismissal of a charge for carrying a BB gun in a public place. A motor vehicle being driven on a public road is a public place, and a BB gun under the vehicle's driver's seat is therefore being carried in a public place for the purposes of the relevant statute. Reversed.
Court: Minnesota Court Of Appeals, Judge: Johnson, Filed On: April 15, 2024, Case #: A23-1257, Categories: Firearms, vehicle
J. Lasnik denies Mercedes-Benz summary judgment for an unjust enrichment claim in the consumer's class action alleging that Mercedes-Benz manufactured and sold vehicles with defective brakes. Mercedes-Benz argues that the Washington Products Liability Act preempts the consumer's unjust enrichment claim, but the consumer is seeking to recover economic losses which the WPLA does not preempt, and the consumer plausible infers that the money he paid for the vehicle enriched Mercedes-Benz.
Court: USDC Western District of Washington, Judge: Lasnik, Filed On: April 11, 2024, Case #: 2:22cv665, NOS: Contract Product Liability - Contract, Categories: vehicle, Product Liability, Contract
J. Savoie finds that the lower court properly dismissed the driver's complaint alleging that the insurance company must cover the driver's and passenger's claims for injuries sustained in an accident with the insurance company's client. The driver argues that the insurance company's client should have had a warning sign attached to its truck, which would have helped the driver avoid the collision, but there is no authority under Louisiana law that requires the client to add an additional warning sign. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Savoie, Filed On: April 11, 2024, Case #: CA-23-358, Categories: Insurance, vehicle
J. Tabor finds that defendant was properly convicted of driving while barred after a police officer familiar with defendant confirmed that he had observed defendant driving without a license upon checking the computer system in the police vehicle. Defendant contends the certified abstract indicated he had zero "unserved sanctions," but the ambiguous notation had been rejected by the jury in light of "more certain" evidence that defendant's license had been barred. Affirmed.
Court: Iowa Court Of Appeals, Judge: Tabor, Filed On: April 10, 2024, Case #: 23-0811, Categories: Evidence, vehicle
J. Lake finds that an auto loan servicer was negligent in reporting the towing of a motorist’s vehicle after an accident as a repossession to credit reporting agencies despite multiple disputes from the motorist whose loan payments were current. The loan servicer failed to properly investigate their own documentation showing that the motorist’s payments were up to date but the evidence does not show willfulness. The loan servicers request for summary judgment is denied on all claims except for the willfulness claim.
Court: USDC Southern District of Texas, Judge: Lake, Filed On: April 9, 2024, Case #: 4:23cv1272, NOS: Consumer Credit - Other Suits, Categories: Debt Collection, vehicle, Banking / Lending
J. Fitzgerald finds in favor of Mercedes-Benz USA against the consumer's complaint that it sold a defective used 2017 Mercedes-Benz C300 but did not honor its new vehicle limited warranty, which extends “to the original and each subsequent owner of a new Mercedes- Benz vehicle that any authorized Mercedes-Benz Center will make any repairs or replacements necessary to correct defects in material or workmanship, but not design, arising during the warranty period.” Part of the warranty does not apply because the consumer bought the vehicle from CarMax, not Mercedes-Benz, and the other obligations do not apply because Mercedes-Benz did not breach the warranty when it provided free repairs to address the malfunctioning ECO start/stop feature during the warranty period.
Court: USDC Central District of California, Judge: Fitzgerald, Filed On: April 9, 2024, Case #: 2:23cv3049, NOS: Other Contract - Contract, Categories: vehicle, Warranty, Contract
J. Kennedy finds that the lower court improperly found for the restaurant on a man's negligence claim alleging it failed to provide adequate protective barrier to prevent cars from crashing into the restaurant. The man was injured when another patron drove her car into a parking space and continued through the wall into the restaurant. This kind of vehicle crash was reasonably foreseeable and a jury would not need an expert to explain that providing parking elsewhere besides directly in front of the restaurant would have avoided the accident. Reversed.
Court: Illinois Appellate Court, Judge: Kennedy, Filed On: April 9, 2024, Case #: 230026, Categories: vehicle, Negligence, Experts
J. Roman grants a vehicle manufacturer’s motion to dismiss. A consumer brought suit against the manufacturer of 2022 Ram 1500, Ram 2500 and Ram 3500 Chassis Cab Vehicles with gross vehicle weight rating of less than 10,000 pounds. The consumer argues the vehicles were built with a defective rearview camera system that causes them to function intermittently or completely fail, and as a result the vehicles have diminished value and decreased performance. But the court finds the consumer suffered no injury in this matter as the manufacturer voluntarily participated in a recall for the issue, administered by the National Highway Traffic Safety Administration, so that any consumer with that vehicle could have the issue resolved completely at no cost. Dismissed.
Court: USDC Southern District of New York, Judge: Roman, Filed On: April 8, 2024, Case #: 22cv9993, NOS: Motor Vehicle - Torts - Personal Injury, Categories: vehicle, Warranty
J. Elgo finds the trial court improperly denied a motor’s motion for summary judgement in this underinsured motorist dispute regarding herself and two minor children. The mother alleges negligence and recklessness claims against a driver, the vehicle’s owner and the insurer. The tortfeasor’s liability coverage is identical to, not less than, the mother’s underinsured motorist coverage. This case is to be remanded for judgement in favor of the driver, owner and insurer. Reversed.
Court: Connecticut Court Of Appeals, Judge: Elgo, Filed On: April 5, 2024, Case #: AC45627, Categories: Insurance, Settlements, vehicle
J. Palafox finds a lower court partially erred in entering no-evidence summary judgment against an injured passenger after she sued the driver of the vehicle she was in following an accident. The passenger has provided some evidence of causation, and for that reason the case should not have been thrown out entirely — though that passenger has “failed to produce more than a scintilla of evidence of her medical expenses and compensable mental anguish damages.” Reversed in part.
Court: Texas Courts of Appeals, Judge: Palafox, Filed On: April 4, 2024, Case #: 08-23-00221-CV, Categories: vehicle, Damages, Negligence
J. Mooney finds the trial court properly admitted a photograph allegedly showing defendant signed a U-Haul contract. “Exclusion of the duplicate solely because defendant denied that she signed it would have removed that evidence from the jury’s consideration, essentially usurping the jury’s role and weighing that piece of evidence for them.” Affirmed.
Court: Oregon Court of Appeals, Judge: Mooney, Filed On: April 3, 2024, Case #: A177721, Categories: Evidence, vehicle
Per curiam, the appellate division finds that the lower court improperly denied the city's motion to dismiss a suit stemming from a car accident involving a police vehicle. The officer was responding to a radio call about a man with a gun when he hit the driver's car, qualifying as an "emergency operation," and cannot be held liable because he was not operating his vehicle in reckless disregard for the safety of others. Reversed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: April 2, 2024, Case #: 01785, Categories: vehicle
J. Dysart vacates the restitution judgment related to defendant's simple criminal damage to property conviction for damaging a vehicle. In this case, there was no evidence reflecting the value of the vehicle. The vehicle was an uninsured 2008 Mercedes Benz C Class vehicle which had over 200,000 miles on it and was inoperable at the time defendant damaged the exterior. Vacated.
Court: Louisiana Court Of Appeal, Judge: Dysart, Filed On: April 2, 2024, Case #: 2023-KA-0711, Categories: Evidence, vehicle, Property Crimes
J. Budd supports the denial of the defendant’s motion to suppress analysis of his blood samples. His consent is not needed where he is being charged for operating under the influence resulting in serious bodily injury and death rather than simple operating under the influence. Affirmed.
Court: Massachusetts Supreme Court, Judge: Budd, Filed On: April 1, 2024, Case #: SJC-13384, Categories: Evidence, Dui, vehicle
J. Pryor finds that the lower court properly limited the insurer's liability under the underinsured motorist policy's $1 million limit by sums the driver received from other sources. The insurer is entitled to offset the limit by a settlement in a personal-injury lawsuit and a workers' compensation award. Between the sums received from other sources, and the insurer's payment of $672,000, the driver recovered a total of $1 million, thus fulfilling the purpose of underinsured motorist coverage under Illinois law. Affirmed.
Court: 7th Circuit, Judge: Pryor, Filed On: April 1, 2024, Case #: 22-2776, Categories: Insurance, vehicle, Contract
Per curiam, the Supreme Judicial Court of Massachusetts reverses the suppression of the defendant’s blood sample analysis. The consent requirement governing blood sample analysis in a charge of simple operating under the influence case does not apply to a charge for operating under the influence in a way which causes serious bodily injury. Reversed.
Court: Massachusetts Supreme Court, Judge: Per curiam, Filed On: April 1, 2024, Case #: SJC-13458, Categories: Evidence, Dui, vehicle
J. Whitehead denies summary judgment to the insurance company against the Insurance Fair Conduct Act claim of the insured's complaint alleging that the insurance company refused to pay her $55,000 owed for her underinsured motorist claim. It is unclear if the insurance company's offer was the result of an adequate investigation, because it is still unclear if the insured's injuries are traceable to the accident with the underinsured motorist.
Court: USDC Western District of Washington, Judge: Whitehead, Filed On: March 29, 2024, Case #: 2:23cv216, NOS: Insurance - Contract, Categories: Insurance, vehicle
J. Morales finds that a company involved in a transportation contract, who did not employ the driver or own the truck involved in a fatal collision, is liable as a “statutory employer” for damages resulting from the collision. The fact that there are other liable employers involved in the contract does not insulate the company from liability. The court grants the suing party, family of the deceased motorist, summary judgment the regarding statutory liability claim.
Court: USDC Southern District of Texas, Judge: Morales, Filed On: March 29, 2024, Case #: 2:19cv94, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Transportation, vehicle, Wrongful Death
J. Royal grants the defendant company's motion for partial summary judgment on the plaintiff's direct liability claims arising from a hit-and-run motor vehicle accident involving an 18-wheeler that hit plaintiff's car and kept on driving. The defendant company is entitled to summary judgment on the plaintiff's claims for negligent hiring, retention, training, supervision, and entrustment
Court: USDC Middle District of Georgia, Judge: Royal, Filed On: March 29, 2024, Case #: 3:21cv119, NOS: Motor Vehicle - Torts - Personal Injury, Categories: vehicle