176 results for 'cat:"Tort" AND cat:"Negligence"'.
J. Longoria finds that the lower court improperly denied the plea to the jurisdiction filed by the Texas Department of Public Safety in this lawsuit stemming from a car collision allegedly involving a trooper. The lower court lacked jurisdiction, as the department "did not have actual notice that it was at fault in connection with the collision." Reversed.
Court: Texas Courts of Appeals, Judge: Longoria, Filed On: August 10, 2023, Case #: 13-22-00052-CV, Categories: tort, negligence, Jurisdiction
J. Coleman finds the lower court improperly reversed the decision of a trial court. A police officer responding to an emergency call for a rollover collision was involved in a crash at an intersection. The driver of the vehicle that was struck filed suit on behalf of herself and her minor child who were both injured in the collision. The lower court found that the officer had acted with reckless disregard, but the trial court found that he did not; the instant court sides with the trial court, finding that sufficient evidence was presented to support its decision. Reversed.
Court: Mississippi Supreme Court, Judge: Coleman, Filed On: August 3, 2023, Case #: 2021-CT-00639-SCT, Categories: Evidence, tort, negligence
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
J. Wiener finds the district court properly granted the insurance companies’ motion to dismiss Weyerhaeuser’s suit seeking defense and indemnification from personal injury suits arising from formaldehyde exposure from a fire-retardant coating used according to its agreement with the coating manufacturer. The agreement only provides defense and indemnity for claims arising out of the coating manufacturer’s own fault and does not evidence a clear intent to benefit third parties. The benefit is intended for the “Named Insured” — the manufacturer — when it owes damages under an insured contract. Affirmed.
Court: 5th Circuit, Judge: Wiener, Filed On: July 14, 2023, Case #: 22-30164, Categories: Insurance, tort, negligence
J. Rivas-Molloy finds the lower court properly granted summary judgment to a convenience store and a maintenance company in this matter concerning a slip and fall on store premises. A customer slipped and fell on an ADA ramp while leaving the store, and claims the stain used on the ramp became slippery when wet, posing a danger to her and other customers. The customer failed to present sufficient evidence to support her claim that the stain was the cause of her slip and fall, and failed to show the convenience store and/or the maintenance company knew or should have known of such a hazard and failed to correct or warn customers. Affirmed.
Court: Texas Courts of Appeals, Judge: Rivas-Molloy, Filed On: July 13, 2023, Case #: 01-21-00512-CV, Categories: tort, negligence
J. Hendon finds the trial court properly entered final summary judgment in favor of the window and door manufacturer in the laborer's lawsuit stemming from injuries he suffered unloading a heavy shipment of windows and doors delivered to his employer by one of the manufacturer's employees. In part because the evidence in the record shows the manufacturer is not liable based on whether its employee strapped or did not strap the shipment to a forklift after delivery and the laborer tried to unload the shipment by himself despite his employer's rules stating such a heavy shipment requires at least two people to unload, there are no genuine disputes of fact contravening the trial court's ruling and the manufacturer is entitled to judgment as a matter of law. Affirmed.
Court: Florida Courts Of Appeal, Judge: Hendon, Filed On: July 12, 2023, Case #: 22-0824, Categories: tort, negligence
J. Cullen denies the janitorial services company's motion to dismiss. The dispute arises from and slip and fall suffered by a factory worker who claims the janitorial services company failed to provide warnings or signage indicating the locker room was wet or slippery following being mopped. The company contends that the factory worker cannot state a claim for negligence because it only owed a contractual duty to her employer and did not owe a common law duty of care to her. The existence of that contract does not vitiate the company's duty to exercise reasonable care while performing its services.
due to a lack of signs cannot state a claim
for negligence because it only owed a contractual duty to White’s employer and did not owe a
common law duty of care to her (or any other employee)
Court: USDC Western District of Virginia, Judge: Cullen, Filed On: July 10, 2023, Case #: 7:23cv267, NOS: Other Personal Injury - Torts - Personal Injury, Categories: tort, negligence
J. Caproni finds for the U.S. on a couple's claims stemming from an incident where a military working dog inspecting a truck for explosives near Trump Tower in Manhattan bit the wife as she cycled past. There is no remedy for the Secret Service's failure to retire the dog, even though his handler reported the dog showed aggressive tendencies. New York law does not recognize a valid negligence claim stemming from an animal owner's negligence.
Court: USDC Southern District of New York, Judge: Caproni, Filed On: July 7, 2023, Case #: 1:21cv7099, NOS: Other Personal Injury - Torts - Personal Injury, Categories: tort, negligence
J. Rovner finds that the lower court properly found for the barge company in a lawsuit brought by an skid steer operator injured when his machine caught on a part of the barge's metal floor that had peeled up. There is no evidence the company was aware of the defect in the barge prior to the accident, and the operator cannot show that the company's routine inspection schedule was inadequate. Affirmed.
Court: 7th Circuit, Judge: Rovner, Filed On: July 6, 2023, Case #: 22-1303, Categories: tort, negligence
J. Partida-Kipness finds that the lower court improperly granted summary judgment against the appellant on his Dram Shop claim, which stems from a car collision. The evidence sufficiently raised an issue of fact as to whether a driver was "obviously intoxicated" when he was served alcohol at the defendant restaurant. Reversed.
Court: Texas Courts of Appeals, Judge: Partida-Kipness, Filed On: July 5, 2023, Case #: 05-21-00988-CV, Categories: Evidence, tort, negligence
J. Barbier denies summary judgment to the owners of an offshore supply boat, denying their request to limit liability to $777,000, after its vessel crashed into a stationary oil field platform after the vessel’s pilot fell asleep at the helm while steering toward another oil platform. The company failed to overcome negligence claims after multiple crew members testified that the company failed to enforce its own “fatigue management policy” or monitor shipboard use of “proximity alarms” to alert sleepy or distracted captains. Owners were “put on notice” to the use of proximity alarms after a 2018 incident during which another company captain fell asleep at the wheel of a different vessel in the fleet and crashed into an oilfield platform.
Court: USDC Eastern District of Louisiana , Judge: Barbier, Filed On: June 30, 2023, Case #: 2:21cv2371, NOS: Other Personal Property Damage - Torts - Personal Property, Categories: Maritime, tort, negligence
J. Stras finds a lower court properly dismissed a father's negligence claims against an air force base. The father argued that air force base created a dangerous situation by haphazardly securing a goal to the ground. However, the father's claims are barred by the Federal Tort Claims Act. Affirmed.
Court: 8th Circuit, Judge: Stras, Filed On: June 29, 2023, Case #: 22-2126, Categories: tort, negligence
Per curiam, the appellate division finds that the lower court improperly dismissed claims against the state alleging a man was sexually abused as a minor by a counselor at a state-certified boarding school for foster children. The complaint is sufficiently detailed to allow the state to investigate the claims and ascertain its liability. The Child Victims Act does not require claimants to allege the exact date on which the sexual abuse occurred. Reversed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: June 28, 2023, Case #: 03451, Categories: tort, negligence
J. Poissant finds that the trial court properly ruled against the city on its argument for governmental immunity in a negligence suit stemming from an auto accident involving its employee. The city did not give evidence that the employee "was on a deviation from the performance of his duties" when the incident occurred. Affirmed.
Court: Texas Courts of Appeals, Judge: Poissant, Filed On: June 27, 2023, Case #: 14-21-00680-CV, Categories: tort, Immunity, negligence
J. Hecht finds the court of appeals improperly ruled against a drug testing company in a suit filed by a test subject who alleges the company’s negligence caused a false positive and cost him a job opportunity. Under existing tort law, third-party companies do not owe a duty of care to employees. Reversed.
Court: Texas Supreme Court, Judge: Hecht, Filed On: June 23, 2023, Case #: 21-0496, Categories: tort, negligence, Business Expectancy
J. Elrod finds the district court improperly dismissed the officer's negligence claim against the organizer of a Black Lives Matter protest which resulted in the officer being assaulted and severely injured. The officer plausibly alleged that the organizer led the protest in an unreasonably dangerous manner, breaching his duty to avoid creating circumstances in which it is foreseeable that another might be injured. The organizer can be held liable, though, only if the officer proves the specific elements of his negligence claim. Affirmed in part. Reversed in part and remanded.
Court: 5th Circuit, Judge: Elrod , Filed On: June 16, 2023, Case #: 17-30864, Categories: tort, negligence, Assault
[Consolidated] Per curiam, the Fifth Circuit finds the district court properly declined to extend discovery deadlines, granting BP's motion for summary judgment in this suit brought by subcontractors hired to clean up the Deepwater Horizon Oil Spill, alleging that the work caused acute, chronic medical conditions. The subcontractors do not explain how the evidence they seek would allow them to prove general causation, and they do not otherwise challenge the exclusion of their doctor's report. Affirmed.
Court: 5th Circuit, Judge: Per curiam, Filed On: June 16, 2023, Case #: 22-30654, Categories: tort, negligence
J. Young grants a petition for a writ of mandamus filed by a car dealership, finding a trial court’s order for a new trial an abuse of its discretion. After the trial court rendered its judgment in a negligence suit filed by the daughter of an employee of the dealership who was injured after another employee hit her with his car, the daughter asked for a new trial, asserting that instructions to the jury were violated, leading to a less favorable outcome for her. None of the reasons the daughter outlined in her motion for a new trial warranted the trial court’s decision to grant one.
Court: Texas Courts of Appeals, Judge: Young, Filed On: June 16, 2023, Case #: 21-0135, Categories: Jury, tort, negligence
J. Dries finds largely against an individual suing his friend, the friend's girlfriend and the company that owns the rural farm property they rent where, on July 4, 2020, the individual was hit in the face with commercial-grade fireworks they were lighting off, sustaining injuries which ultimately cost him his right eye. The girlfriend and the company are granted summary judgment on the individual's strict liability and negligence claims, as his own negligence and willing participation in what is not an "abnormally dangerous activity" as defined in Wisconsin law outweighs any liability they may have. The only claim to move forward is a negligence claim against the friend, who purchased the fireworks and lit the one that hit the individual in the face.
Court: USDC Eastern District of Wisconsin, Judge: Dries, Filed On: June 15, 2023, Case #: 2:21cv1182, NOS: Other Personal Injury - Torts - Personal Injury, Categories: tort, negligence
J. Tijerina finds that the lower court properly granted summary judgment to the manufacturer of a heater in this personal injury lawsuit alleging that an individual suffered burns on his legs while riding aboard a prison bus, where the heater was allegedly located beneath the individual's seat. The individual fails to provide sufficient evidence of a safer design. Affirmed.
Court: Texas Courts of Appeals, Judge: Tijerina, Filed On: June 15, 2023, Case #: 13-21-00248-CV, Categories: tort, negligence, Product Liability
J. Pepper adopts the magistrate judge’s recommendation to dismiss the daughter’s wrongful death and medical malpractice lawsuit against the hospital, hospice, nursing home and medical workers over the death of her mother, as well as alleged harassment and discrimination from her neighbors. Because none of the daughter’s claims coherently invoke federal law, her objections to the magistrate’s recommendation are overruled and the case is dismissed for failure to state a claim.
Court: USDC Eastern District of Wisconsin, Judge: Pepper, Filed On: June 13, 2023, Case #: 2:21cv1440, NOS: Personal Injury - Medical Malpractice - Torts - Personal Injury, Categories: tort, negligence, Medical Malpractice