579 results for 'cat:"Vehicle"'.
J. Marks declines to grant judgment on the pleadings in favor of four people involved in a car wreck, who challenge the insurer’s declaratory judgment action seeking a decision that it has no obligation to defend or indemnify the insureds in the underlying lawsuit. One insured person’s son was driving at the time, caused the car collision and was not listed as a driver on the policy.
Court: USDC Middle District of Alabama, Judge: Marks, Filed On: February 16, 2024, Case #: 1:22cv197, NOS: Insurance - Contract, Categories: Insurance, vehicle, Indemnification
J. Christopher finds that defendant was properly convicted of felony murder for an incident in which he stole a tow truck and pinned its driver between the tow truck and a repossessed vehicle, before running him over. There was sufficient evidence to support both elements of the offense, and this includes defendant admitting that he committed unauthorized use of a motor vehicle and witness testimony of the victim being pinned between the vehicles. Affirmed.
Court: Texas Courts of Appeals, Judge: Christopher, Filed On: February 15, 2024, Case #: 14-23-00126-CR, Categories: Evidence, Murder, vehicle
J. Kelsey finds the lower court improperly granted judgment to the vehicle repair shop. A New Jersey man brought his vintage Mustang to a Virginia repair shop. A friend of the New Jersey man, who lives in Virginia, found the repair work unsatisfactory, and the New Jersey man demanded the repair shop to continue work and delay his retrieval of the car until it was satisfactory. The repair shop, dissatisfied with the amount of complaints, sought to sell the car under the Virginia Abandoned Vehicle Act. The repair shop notified the New Jersey man, as required by the Act, via a letter to his parent's home in Michigan despite having only ever communicated with the customer with telecommunications to sell the car to a third party before the New Jersey man noticed. Reversed.
Court: Virginia Supreme Court, Judge: Kelsey, Filed On: February 15, 2024, Case #: 230115, Categories: Property, vehicle, Consumer Law
J. Forester finds the district court properly determined a woman’s supplement disclosures were not timely and delayed disclosures, that these deficiencies were not harmless, and that she failed to show good cause for the disclosure being delayed in this car collision suit. She had no good cause or evidence for the delayed disclosures for the discovery process. Affirmed.
Court: Utah Court Of Appeals, Judge: Forester, Filed On: February 15, 2024, Case #: 20220702-CA, Categories: Civil Procedure, vehicle, Discovery
Per curiam, the court of appeals finds that the appellate division properly declined to set aside defendant's conviction for leaving the scene of an accident causing injury because evidence indicated that defendant knew at a minimum that a pedestrian had run into the street and come into contact with his car, and that defendant drove off without stopping. Affirmed.
Court: New York Court Of Appeals, Judge: Per curiam, Filed On: February 15, 2024, Case #: 12, Categories: vehicle, Tort
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J. Bourgeois grants a request by a health care facility that treated a personal injury litigant, quashing parts of a subpoena by an insurer for information regarding the facility’s methods for determining the amounts to charge different patients for the litigant’s type of procedure. The insurer’s discovery requests impose an undue burden on the treatment facility because they include no time periods for assessing patient records. The treatment facility also has legitimate concerns that disclosure of its billing methods could affect its ability to negotiate a higher payment for its services from the insurer.
Court: USDC Middle District of Louisiana, Judge: Bourgeois, Filed On: February 15, 2024, Case #: 3:23cv582, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Health Care, Insurance, vehicle
J. Gruber finds the trial court properly convicted defendant for possession of a controlled substance, sentencing her as a habitual offender. After defendant was stopped for expired tags, the officer smelled marijuana inside the car. He learned defendant's driver’s license was suspended and there was a search waiver on file. He then found a small bag of meth in the vehicle. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Gruber , Filed On: February 14, 2024, Case #: CR-23-270, Categories: Drug Offender, Search, vehicle
J. Xinies denies an insurer and its third-party vendor’s motion for summary judgment in this class Telephone Consumer Protection Act action brought by an insured. The consumer was in a vehicle accident and contacted his insurer to start a claim, the following day the vendor started contacting by a voice recording phone call in an attempt to schedule an independent medical exam. The insurer was to contact the attorney regarding the vehicle accident and consumer. Therefore, a factfinder could find that the vendor was undermining any claims by contacting the consumer and not his attorney.
Court: USDC Maryland, Judge: Xinis, Filed On: February 14, 2024, Case #: 8:21cv2746, NOS: Telephone Consumer Protection Act (TCPA) - Other Suits, Categories: Insurance, vehicle, Negligence
J. Stabile finds that the lower court properly granted summary judgment in favor of State Farm and the defendant automobile driver in this underinsured motorist dispute, stemming from a collision that occurred while the suing driver was behind the wheel of her mother’s vehicle. The plaintiff is not entitled to recover underinsured motorist benefits under her own vehicle policy. Affirmed.
Court: Pennsylvania Superior Court, Judge: Stabile, Filed On: February 13, 2024, Case #: J-A19028-23, Categories: Civil Procedure, Insurance, vehicle
Per curiam, the circuit finds the district court properly dismissed the motorcyclist's claims arising from the impoundment of his vehicle for driving without license plates. The rider's tort claims are time-barred, as he filed them outside the one-year statute of limitations.
Court: 5th Circuit, Judge: Per curiam, Filed On: February 12, 2024, Case #: 23-30146, Categories: Tort, vehicle, Due Process
J. Alley finds a lower court did not err in excluding video evidence of a man’s physical abilities after that man sued an oil company over a car accident and won at jury trial, claiming pain and physical impairment. The video was not introduced until after the discovery deadline, and while the oil company raises a number of arguments for why the video should nonetheless be allowed, including arguing the man “cannot be surprised by what he does at a worksite,” none of the arguments sufficiently justify allowing the video. Affirmed.
Court: Texas Courts of Appeals, Judge: Alley, Filed On: February 9, 2024, Case #: 08-23-00096-CV, Categories: vehicle, Damages, Discovery
J. Bender finds that the lower court improperly sentenced defendant to 45 to 90 days of incarceration for illegally operating a vehicle not equipped with an ignition interlock. Pennsylvania failed to prove that defendant had adequate notice by the Pennsylvania Department of Transportation that he was only to drive vehicles that contained such equipment until he obtained an unrestricted license. Reversed.
Court: Pennsylvania Superior Court, Judge: Bender, Filed On: February 8, 2024, Case #: J-S27003-23, Categories: Criminal Procedure, Sentencing, vehicle
J. Pohlman finds that the appeals court properly held that it lacked jurisdiction to hear defendant's appeal of a conviction for failure to yield to an emergency vehicle. Though appellate review is available even without an explicit district court ruling on a statute's constitutionality, he did not adequately raise his due process argument at trial such that the appeals court could find that the district court had made an implicit ruling on the statute's constitutionality. Affirmed.
Court: Utah Supreme Court, Judge: Pohlman, Filed On: February 8, 2024, Case #: 20230112, Categories: vehicle, Jurisdiction, Due Process
J. Reidinger dismisses a RICO claim against a car dealership brought by a customer who claims it sold him a lemon, and that one affiliated individual is a member of Fruit of Islam, which the customer asserts is a hate group. The customer fails to demonstrate any pattern of criminal behavior on the part of the dealership or individual, but may amend his complaint.
Court: USDC Western District of North Carolina, Judge: Reidinger, Filed On: February 8, 2024, Case #: 1:24cv39, NOS: Racketeer Influenced and Corrupt Organizations (RICO) - Other Suits, Categories: vehicle, Business Practices, Racketeering
J. Natali finds that the trial court improperly admitted evidence from a police stop in defendant's trial on weapons charges brought after he was stopped by police for driving a vehicle with tinted windows. A new rule that required officers to determine if tinting inhibited their ability to see the occupants of the vehicle was improperly applied retroactively.
Court: New Jersey Appellate Division, Judge: Natali , Filed On: February 7, 2024, Case #: A-1767-22, Categories: Criminal Procedure, Weapons, vehicle
Per curiam, the appellate division finds that the lower court properly denied the clinic's petition to vacate an arbitration award denying it claim for no-fault medical services rendered to the insured. The law permits an insurer to deduct from first-party benefits to reimburse a person for economic loss on account of personal injury arising out of the use of a motor vehicle. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: February 6, 2024, Case #: 00599, Categories: Arbitration, Insurance, vehicle
J. Richardson finds the lower court properly convicted the defendant of being a felon in possession of a firearm. The police had probable cause to search his vehicle, where they found illegally owned firearms and drugs because the defendant ran two stoplights in an unprovoked flight upon noticing the police before they had turned on their sirens. Affirmed.
Court: 4th Circuit, Judge: Richardson, Filed On: February 6, 2024, Case #: 21-4684, Categories: Evidence, Firearms, vehicle
[Modified.] J. Kelety excludes part III from the previously published opinion in this case. The state properly used a peremptory challenge to excuse a juror from defendant's evasion and reckless driving trial. The juror stated she would have trouble being fair because she believed police were racially biased. However, the evidence did not support a conviction for leaving the scene of an accident. Vacated in part.
Court: California Courts Of Appeal, Judge: Kelety, Filed On: February 6, 2024, Case #: D081267, Categories: Jury, vehicle
J. Quereshi grants summary judgment in favor of the transit authority in this negligence claim concerning a woman that fell when boarding a metro bus. “When a passenger files a negligence claim against a motor carrier for injuries received when the carrier makes a sudden start or stop, the passenger must prove that the movement was unusual or extraordinary.” The woman fails to present definite facts and evidence that the movement was abnormal.
Court: USDC Maryland, Judge: Quereshi, Filed On: February 6, 2024, Case #: 8:22cv3088, NOS: Motor Vehicle - Torts - Personal Injury, Categories: vehicle, Negligence
J. Pate grants the suing driver motion to remand his vehicle collision claims back to the circuit court of Macon County, Alabama. The sued driver had this case removed alleging diversity jurisdiction, but has not met the burden of proof nor has he shown preponderance of evidence.
Court: USDC Middle District of Alabama, Judge: Pate, Filed On: February 2, 2024, Case #: 3:23cv654, NOS: Motor Vehicle - Torts - Personal Injury, Categories: vehicle, Negligence, Jurisdiction
Per curiam, the appeals court finds the trial court improperly granted summary judgment to the wealth management firm in a lawsuit over a car collision its employee caused with the citizen while heading to a business meeting in the course of running errands at least partially related to her job. Because the record is unclear as to whether the employee's errands, which included trips to buy packing supplies and wine and cheese, and a stop at McDonald's for lunch, were related to her employment, the firm is not entitled to judgment as a matter of law. The case is remanded for further proceedings. Reversed.
Court: Florida Courts Of Appeal, Judge: Per curiam, Filed On: February 2, 2024, Case #: 23-0750, Categories: Evidence, Tort, vehicle
J. Kelety finds that the state properly used a peremptory challenge to excuse a juror from defendant's evasion and reckless driving trial. The juror stated she would have trouble being fair because she believed police were racially biased. However, the evidence did not support a conviction for leaving the scene of an accident. Vacated in part.
Court: California Courts Of Appeal, Judge: Kelety, Filed On: February 2, 2024, Case #: D081267, Categories: Jury, vehicle
J. Mahan grants the insurer's partial motion for summary judgment on a company owner's commercial vehicle collision coverage-related claims. The policy holder is the business, not the owner, and the owner lacks standing.
Court: USDC Nevada, Judge: Mahan , Filed On: February 1, 2024, Case #: 2:22cv879, NOS: Insurance - Contract, Categories: Insurance, vehicle, Contract
J. Wiseman finds the trial court properly awarded damages to the wife injured in the traffic accident. The driver of the at-fault vehicle admitted fault and the court awarded damages to the wife, who was driving, but not her husband, who was a passenger. The 5-mph collision occurred at an intersection, with one vehicle just beginning to move from a standstill and the other slowing down to make a turn. The husband and wife cannot prove reckless disregard. Affirmed.
Court: Oklahoma Courts Of Appeal, Judge: Wiseman , Filed On: February 1, 2024, Case #: 120153, Categories: Tort, vehicle, Damages