1,076 results for 'cat:"Tort"'.
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
J. Donnelly preserves a Trafficking Victims Protection Act complaint that alleges the Odyssey Study Group, described as a religious cult, coerced the litigant, a 23-year member who eventually left in 2013, into performing labor and other services. The court finds the complaint is timely and adequately alleges the organization engaged in a conspiracy by threatening him with serious harm, including disclosing personal information, if he did not perform the work or attend its classes.
Court: USDC Eastern District of New York, Judge: Donnelly, Filed On: March 27, 2024, Case #: 1:22cv7686, NOS: Other Statutory Actions - Other Suits, Categories: Civil Rights, Employment, tort
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J. Martin finds that the lower court properly dismissed a woman's trip and fall suit as a sanction for her failure to timely and properly respond to discovery requests. An evasive or incomplete answer is to be treated as a failure to answer. Affirmed.
Court: Missouri Court Of Appeals, Judge: Martin, Filed On: March 26, 2024, Case #: WD86378, Categories: tort
J. D’Agostino denies summary judgment to two Colonie police officers on claims that they used excessive force to arrest an individual suspected of shoplifting at a local Target, which caused him to suffer a broken arm. The parties disagree over whether the suspect, after fleeing from the scene, voluntarily laid down on the ground in the parking lot to be arrested or whether he accidentally fell and had to be physically restrained.
Court: USDC Northern District of New York, Judge: D’Agostino, Filed On: March 26, 2024, Case #: 1:20cv151, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, tort, Police Misconduct
Per curiam, the appellate division finds that the lower court improperly found for the general contractor in a construction injury suit filed by a worker injured while working in an elevator shaft. The worker established that the 150-lb formwork panel that fell on him should have been, by law, secured by a safety device. However, negligence claims against the general contractor were correctly dismissed because the accident arose from the means of the work, which was direct controlled by the worker's employer. Reversed in part.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: March 26, 2024, Case #: 01671, Categories: Construction, tort
J. Oetken denies the property owner's motion for summary judgment in a personal injury action brought by an employee who was injured while installing internet service at a property. The property owner was responsible for the condition of the premises, and there is no evidence that the internet service provider caused the falling bricks that led to employee's injury.
Court: USDC Southern District of New York, Judge: Oetken, Filed On: March 25, 2024, Case #: 1:22cv1154, NOS: Insurance - Contract, Categories: tort
J. Lewis grants the amusement parks' motion for summary judgment. The inspector whose hand was amputated during an inspection says park employees operated the apparatus at an unsafe speed during inspection, causing the amputation. The inspector has stated he was trained to touch a wire rope, but not told where to position himself, nor of a designated safe operating speed. The injured party has failed to establish duty of care and proximate cause for his negligence claim against the company.
Court: USDC South Carolina Aiken, Judge: Lewis, Filed On: March 25, 2024, Case #: 0:22cv1114, NOS: Other Personal Injury - Torts - Personal Injury, Categories: tort, Negligence
J. Corrigan, in an order applied to several different and otherwise apparently unconnected personal-injury cases with disputes over whether the amount in controversy exceeds the $75,000 minimum for federal courts to exercise diversity jurisdiction, finds that the estimates of amounts in controversy required by Florida's civil cover sheet on its own are not sufficient to satisfy a defendant's burden to demonstrate that the minimum amount in controversy is satisfied by a preponderance of the evidence. One of the four cases is remanded after application of this principle. Jurisdiction has been properly invoked in another, and the defendants in the two remaining cases are ordered to file jurisdictional supplements.
Court: USDC Middle District of Florida, Judge: Corrigan, Filed On: March 25, 2024, Case #: 3:23cv869, NOS: Motor Vehicle - Torts - Personal Injury, Categories: tort, Jurisdiction
[Consolidated.] J. Flanagan grants a former student his motion to certify this case for appeal after the court dismissed North Carolina State University from the student’s suit accusing the school and a sports medicine doctor of sexual abuse. According to federal civil rights law, an allegation of sexual grooming behavior on its own does not establish notice to the university of sexual harassment. However, because in this case a jury could reasonably judge that the university should have taken responsibility for the doctor’s behavior, of which it was aware, this is enough to certify the case for appeal.
Court: USDC Eastern District of North Carolina, Judge: Flanagan, Filed On: March 25, 2024, Case #: 5:22cv344, NOS: Education - Civil Rights, Categories: Civil Rights, Education, tort
J. Myers denies an airline traveler’s motion to set aside judgment after her federal tort claim was dismissed as her reason is not persuasive. Following her suit against some TSA officers for false imprisonment, which was dismissed, she appealed but the pleadings were deficient. She claims that as her mother was severely ill and the traveler herself was 18 years old at the time, she did not have the support she needed to further engage in litigation. However, this does not meet the criteria warranting setting aside judgment under federal rules of civil procedure.
Court: USDC Eastern District of North Carolina, Judge: Myers, Filed On: March 22, 2024, Case #: 5:21cv338, NOS: Other Civil Rights - Civil Rights, Categories: Civil Procedure, Government, tort
J. Murphy finds that the district court correctly dismissed a woman’s claims that she was wrongfully arrested and that deputies used excessive force when placing her in a cell at the county jail. The deputies had probable cause to arrest her under suspicion that she had committed assault, and deputies properly used force to detain in response to the woman’s behavior, which indicated a risk of suicide. Affirmed.
Court: 6th Circuit, Judge: Murphy, Filed On: March 22, 2024, Case #: 23-1739, Categories: Civil Rights, tort, Police Misconduct
J. Dick denies a request to dismiss for lack of jurisdiction a chemical plant worker’s complaint the negligence of a tank valve manufacturer resulted in the spraying of extremely hot liquor, causing him severe burns and the loss of sight in both eyes. Although the manufacturer is not incorporated in Louisiana, the disabled worker has alleged sufficient facts to show the valve-maker availed itself of the privileges of conducting business in the state.
Court: USDC Middle District of Louisiana, Judge: Dick, Filed On: March 22, 2024, Case #: 3:23cv505, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Commerce, tort, Product Liability
J. Smith partially denies summary judgment to a boat captain who slipped and fell on a whale watching tour boat. There is a genuine dispute of material fact if there was an unseaworthy, worn non-slip strip and fuel leak in the room where he slipped, or if this was an uncommon condition of the room. The tour company is granted partial summary judgment as to the injury to the captain’s left leg, but not to injury to his right knee. The tour company’s obligation to the health of his left leg has reached maximum medical cure, but questions remain as to whether the right knee’s condition is connected to the original injury.
Court: USDC Hawaii, Judge: Smith, Filed On: March 22, 2024, Case #: 1:22cv442, NOS: Marine - Torts - Personal Injury, Categories: Admiralty, Employment, tort
J. Cassel finds the district court improperly overruled the school district's motion for summary judgment. The district claims it has immunity from the wrongful discharge suit filed by the former employee who was terminated after it was discovered she had provided incorrect ID information in order to cover up a previous arrest. The district's decision to terminate her employment falls within the discretionary function exemption of the Political Subdivisions Tort Claims Act. Reversed.
Court: Nebraska Supreme Court, Judge: Cassel , Filed On: March 22, 2024, Case #: S-23-490, Categories: Education, Employment, tort
J. Dick denies summary judgment to a Baton Rouge casino hotel, declining to dismiss a Texas gambler’s negligence claims related to a piece of wire she allegedly consumed at the gaming hall. A factual dispute remains concerning where and when the guest ingested the wire, while her limited food intake and the timing of her abdominal pain are enough to present a factual issue as to the casino hotel’s breach of duty.
Court: USDC Middle District of Louisiana, Judge: Dick, Filed On: March 22, 2024, Case #: 3:22cv304, NOS: Insurance - Contract, Categories: Evidence, tort, Damages
[Consolidated.] J. Troutman finds that the appellate division improperly affirmed granting late notices of claim against the City of New York by two men who separately alleged harm through a jailhouse beating and malicious prosecution. In neither case did the man provide sufficient sworn evidence of intentional tort, nor was any court inquiry made into whether the city had independent knowledge of purported employee conduct that led to the claims. Reversed.
Court: New York Court Of Appeals, Judge: Troutman, Filed On: March 21, 2024, Case #: 15, Categories: Civil Procedure, tort
J. Kobayashi partially denies dismissal on part of a claim against the government by military families regarding the military’s handling of the Red Hill fuel leak and subsequent water crisis. The government must face part of a negligence claim that accuses the government of not following protocols for flushing the fuel contamination from the families’ homes, as the government did not establish how following the protocols may have implicated other policy concerns. On the other hand, because the government did show how its failure to remediate constituted a discretionary decision under an exception under the Federal Torts Claims Act, that tort claim is dismissed with prejudice.
Court: USDC Hawaii, Judge: Kobayashi, Filed On: March 21, 2024, Case #: 1:22cv397, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Government, tort, Negligence
Per curiam, the appellate division properly found for the property owner on a construction injury claim stemming from a worker's injury caused by a grinder. The worker did not fall from the ladder, even after he was struck in the face by the grinder, so the injury did not arise from any elevation-related risk. Rather, the evidence shows that the grinder did not have its guard attached, violating labor laws. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: March 21, 2024, Case #: 01607, Categories: Construction, tort
J. Fisher finds that a police officer was properly denied accidental disability retirement benefits for a shoulder injury that occurred while responding to a medical emergency because the injury occurred in the course of the officer's routine employment duties and constituted a risk of the job. Affirmed.
Court: New York Appellate Divisions, Judge: Fisher, Filed On: March 21, 2024, Case #: CV-23-0234, Categories: Social Security, tort
J. Garry finds that a police officer was properly denied accidental disability retirement benefits for a knee injury sustained when he fell while dismounting a bike to chase a suspect during a training exercise because the injury occurred during routine training included in regular job duties and thus did not constitute an accident. Affirmed.
Court: New York Appellate Divisions, Judge: Garry, Filed On: March 21, 2024, Case #: CV-23-1359, Categories: Employment, Social Security, tort
J. Myers partially grants two cheer leading coaches their motion to dismiss allegations of child abuse and RICO violations brought by a male cheerleader. The cheerleader claims that within the first year of his participation in a private, competitive cheer leading program, beginning when he was 12 years old, a male coach not party to this suit initiated a sexual relationship with him and that the two named coaches were aware and did not intervene. However, because the cheerleader does not accuse the two coaches of violating federal child abuse laws, but only a failure to report the abuse to the program, his claim fails. Likewise, his RICO claim fails because it does not present an injury to a business or property.
Court: USDC Eastern District of North Carolina, Judge: Myers, Filed On: March 20, 2024, Case #: 5:22cv430, NOS: Racketeer Influenced and Corrupt Organizations (RICO) - Other Suits, Categories: Civil Rights, tort, Racketeering
J. Friedman approves a $125 million settlement of class claims against the government for PACER fees it unlawfully used to fund non-PACER services. The settlement, which reimburses small-scale users for all fees and substantially reimburses large-scale users, is fair, reasonable and adequate.
Court: USDC District of Columbia, Judge: Friedman, Filed On: March 20, 2024, Case #: 1:16cv745, NOS: Other Statutory Actions - Other Suits, Categories: Settlements, tort, Class Action
Per curiam, the appellate division finds that the lower court properly dismissed this trip and fall action as time-barred. The complaint was untimely because it was filed outside the three-year statute of limitations.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: March 20, 2024, Case #: 01554, Categories: tort