1,076 results for 'cat:"Tort"'.
[Consolidated.] J. Bell partially grants the pharmaceutical company Merck & Co.’s motion for partial judgment on the pleadings in a suit involving more than 200 litigants claiming a design defect in its human papillomavirus vaccine, Gardasil, after they experienced adverse health effects including mobility issues, short-term memory loss and chronic fatigue. However, Merck does not violate the federal Vaccine Act’s direct warning statute just because the litigants’ medical providers failed to issue a warning of the vaccine’s potential side effects.
Court: USDC Western District of North Carolina, Judge: Bell, Filed On: March 20, 2024, Case #: 3:22md3036, NOS: Personal Injury - Health Care/Pharmaceutical Personal Injury/Product Liability - Torts - Personal Injury, Categories: Corporations, Health Care, tort
J. Douglas finds the district court properly dismissed most claims made by the black property owner against the postal service and two employees. Though the alleged conduct does not fall within tort claims act exceptions, and sovereign immunity does not bar tort claims, the owner fails to state a viable equal protection claim. No facts support her assertion the carriers continued to deliver to similarly situated white property owners while denying her delivery. Affirmed in part.
Court: 5th Circuit, Judge: Douglas , Filed On: March 20, 2024, Case #: 23-10179, Categories: Civil Rights, Government, tort
J. Jennings grants Allstate's motion to dismiss most claims in this contract and conversion suit. The purchaser of an Allstate-owned, California salvage title vehicle discovered the vehicle was stolen when he was arrested in Kentucky for receiving stolen property. Though the insurance company is now in possession of the vehicle, the purchaser has not been refunded his purchase price. Allstate's causation argument on a factual dispute regarding the arrest and vehicle seizure, as affecting the purchaser's conversion claim, is not dismissed, being better suited to a motion for summary judgment. The purchaser has failed to allege Allstate's behavior was extreme or outrageous, and the tort claim is dismissed. Punitive damages are also not assertable as independent counts.
Court: USDC Western District of Kentucky, Judge: Jennings, Filed On: March 20, 2024, Case #: 3:23cv108, NOS: Other Contract - Contract, Categories: tort, Conversion, Contract
J. Eagles partially grants a motion for extension of time to obtain timely and valid service to the parents of a Black child whom a white woman allegedly struck in the face while he and his sister visited a swimming pool on the property she manages. The parents do not have good cause for having missed their deadline to obtain service of process on the apartment complex where the white woman worked, but they do show good cause to extend the deadline in their service of suit to the property owner.
Court: USDC Middle District of North Carolina, Judge: Eagles, Filed On: March 20, 2024, Case #: 1:23cv689, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Property, tort
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J. Kindred denies a longshoreman's negligence claim stemming from a shoulder injury he sustained when he slipped and fell while working aboard a vessel. "It is not reasonable for a professional longshoreman to expect an ice-free deck inside of a freezer hold when the hatch cover is open to the elements." The longshoreman's supervisor warned him that the decks would be slippery and instructed him to use extra care. "The cargo deck in question was not covered in ice and there was no ice or slick condition beyond the usual conditions."
Court: USDC Alaska, Judge: Kindred, Filed On: March 20, 2024, Case #: 3:20cv98, NOS: Marine - Contract, Categories: Maritime, tort
J. Kyzar finds that defendant was properly convicted of first degree rape of his wife's grandson. Defendant's motion to suppress a confession made during the investigation after his arrest was correctly denied since there was no evidence of any "coercive conduct leading to the confession." Affirmed.
Court: Louisiana Court Of Appeal, Judge: Kyzar, Filed On: March 20, 2024, Case #: KA-23-524, Categories: Evidence, tort
J. Ortego affirms the allocation of fault and damage awards in an auto accident case involving a car/ambulance collision. The dash cam video from the ambulance, photographs and expert testimony support the allocation of 40% fault to the ambulance driver and 60% fault to his employer. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Ortego, Filed On: March 20, 2024, Case #: CA-23-601, Categories: tort, Damages, Negligence
J. Pirtle finds the workers compensation court properly awarded the employee temporary total disability following a slip and fall on ice in the auto sales company's parking lot. Though the court awarded her temporary total disability benefits and ordered the company to pay medical expenses, mileage and pharmacy expenses, the employee contends she is due permanent disability benefits. The employee has failed to provide evidence of permanent medical impairment or permanent restrictions to the body as a whole. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Pirtle , Filed On: March 19, 2024, Case #: A-23-548, Categories: Evidence, tort, Workers' Compensation
J. Flaum finds that the lower court properly dismissed a worker's lawsuit against a barge company stemming from his slip and fall on ice on the deck of a barge, leaving him in the freezing February waters of the Mississippi River for 12 minutes. The complaint fails to connect his fall with any breach of duty owed to him by by the barge company, as his injury was not foreseeable. Affirmed.
Court: 7th Circuit, Judge: Flaum, Filed On: March 19, 2024, Case #: 22-2348, Categories: tort, Negligence
J. Armstead affirms the lower court's order granting the municipality summary judgment in the resident's suit claiming it is partially responsible for injuries she sustained from a fall when her foot was caught in wire wrapped around a pole owned by a church where the wire extended onto a defective portion of the adjacent sidewalk. The resident failed to demonstrate the city knew the wire was a hazard since there was never any prior reported problem in the 10 years since it was put there, and she had in the previous year walked along that portion of sidewalk without incident. Affirmed.
Court: West Virginia Supreme Court Of Appeals, Judge: Armstead, Filed On: March 15, 2024, Case #: 22-625, Categories: Government, tort, Negligence
J. Coulson grants, in part, Tractor Supply’s motion for summary judgment in this personal injury suit brought by a married couple. The husband who was employed by a third-party logistics company as a freight handler was injured when a third-party staffing company employee ran into him with a pallet jack. The couple claims vicarious negligence, negligent entrustment, negligent hiring, retention, and supervision and loss of consortium. Tractor Supply argues they did not employ either of the third-party employees, but a reasonable jury could find that the staffing company employee was in fact employed by being on the premises. The couples’ negligence claims are dismissed for lack of a genuine dispute. The parties shall confer and inform the court if they will or will not participate in a settlement conference regarding Tractor Supply’s third-party complaint against the staffing company employee for discovery.
Court: USDC Maryland, Judge: Coulson, Filed On: March 15, 2024, Case #: 1:23cv1078, NOS: Other Personal Injury - Torts - Personal Injury, Categories: tort, Negligence, Discovery
J. Biery adopts a report and recommendations and dismisses, with prejudice, a medical malpractice suit brought against an Army hospital under the Federal Torts Claim Act because the pro se patient has failed to timely respond to court motions and did not properly serve the Army hospital despite an order from a judge explaining how to do so.
Court: USDC Western District of Texas , Judge: Biery, Filed On: March 15, 2024, Case #: 5:23cv307, NOS: Personal Injury - Medical Malpractice - Torts - Personal Injury, Categories: Government, tort, Medical Malpractice
J. Brailsford denies the government's motion to exclude expert reports and testimony in a personal injury suit brought by an individual who suffered injuries in a car collision with a government employee driving a government-owned car. The individual's vocational economic consultant's "opinions are founded on sufficient facts and data as articulated in his report." The licensed psychologist may testify that the individual "suffers from major depressive disorder with anxious distress" and that he "has somatic symptom disorder."
Court: USDC Idaho, Judge: Brailsford, Filed On: March 14, 2024, Case #: 1:21cv97, NOS: Motor Vehicle - Torts - Personal Injury, Categories: tort, Experts
J. Osteen denies a male university student’s motion for preliminary injunction following an investigation into allegations of rape and sexual assault brought against him by a female student. The male student, found responsible for sexual misconduct, counters by saying that procedural irregularities in the investigation and hearing were committed against him based on gender bias. However, the male student provides no evidence of gender bias or violation of the university’s Title IX policy.
Court: USDC Middle District of North Carolina, Judge: Osteen, Filed On: March 14, 2024, Case #: 1:24cv41, NOS: Education - Civil Rights, Categories: Education, tort, Assault
J. Flanagan grants a police officer’s motion to dismiss allegations including false arrest, battery and excessive force brought by a car owner who went to her car to get something she forgot. The owner, a Black woman, briefly left her house in a bathrobe when the officer allegedly approached her but did not identify herself, why she was approaching the owner, nor did she ask for information from the owner. The officer handcuffed the owner and only released her after scanning the car’s plates, which apparently revealed nothing. The officer has governmental immunity in her professional position, but the individual claims against her will proceed.
Court: USDC Eastern District of North Carolina, Judge: Flanagan, Filed On: March 14, 2024, Case #: 5:23cv201, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, tort, Police Misconduct
J. Scott grants a teen cheerleader’s father’s motion to dismiss in this nuanced defamation suit wherein the mother of a squad member of his daughter’s harassed his daughter by sending anonymous text messages to the cheerleading gym’s owner, alleging the teenager was vaping, drinking and posting revealing pictures online. The mother failed to state a claim for defamation by saying she was falsely accused in the media by the father of creating deepfakes of the girl.
Court: USDC Eastern District of Pennsylvania, Judge: Scott, Filed On: March 14, 2024, Case #: 2:23cv147, NOS: Other Civil Rights - Civil Rights, Categories: tort, Immunity, Defamation
Per curiam, the Fifth Circuit finds the district court properly dismissed the complaint for failure to prosecute. The American citizens say Tamaulipas police attempted to murder them by the direction of the Mexican and Tamaulipas governments. A non-local attorney's motion to represent the citizens was denied, and several motions for extensions and continuances were filed and granted. They failed to attend a status conference and various other hearings, and certain filings were not made within deadlines. Affirmed.
Court: 5th Circuit, Judge: Per curiam, Filed On: March 14, 2024, Case #: 23-40422, Categories: International Law, tort, Due Process
J. Lynch finds that the lower court improperly declined to dismiss claims of personal injury against a golf club by an experienced golfer struck in the eye by a ball during a tournament. The golfer, familiar with the course and design adjustments made for tournaments, assumed the risk of injury as a matter of law when he chose to play despite an awareness of the danger involved. Reversed.
Court: New York Appellate Divisions, Judge: Lynch, Filed On: March 14, 2024, Case #: CV-23-0642, Categories: tort
J. Egan finds that the lower court properly declined a find for a town in a slip-and-fall action. Questions of fact remain on whether the walkway where the accident occurred was designed for employees only and had signs directing the public to a different access door. Affirmed.
Court: New York Appellate Divisions, Judge: Egan, Filed On: March 14, 2024, Case #: CV-23-0811, Categories: tort
J. Fowlkes grants the city's dismissal motion pursuant to Rule 12(b)(6) in this lawsuit brought by the president of a towing company alleging that the city violated his constitutional rights and committed various torts against him based on an incident involving a city police officer. The tow company executive fails to cite "a custom or policy" behind the alleged Section 1983 violation. Also, the city is immune from suit for the tort claims.
Court: USDC Western District of Tennessee , Judge: Fowlkes, Filed On: March 13, 2024, Case #: 2:23cv2102, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, tort, Immunity
J. Hoyle finds the trial court properly ruled in favor of the dog attack victim. Though the dogs were kept on adjoining properties, and there were questions as to who was in actual possession of them as well as who controlled the property, the jury found certain property owners to share in certain percentages of negligence. One of the owners, however, lacked superior ability to control the property, and the evidence is legally insufficient to support a finding of negligence as to this owner. Reversed in part.
Court: Texas Courts of Appeals, Judge: Hoyle , Filed On: March 13, 2024, Case #: 12-22-00297-CV, Categories: Property, tort, Negligence