752 results for 'nos:"Other Personal Injury - Torts - Personal Injury"'.
J. Cullen denies the correctional officers' motion for summary judgment and grants the crash victim's leave to amend his complaint to conform it to his deposition testimony. After a car crash, the man driving the vehicle threatened to kill the responding police officer and tried to take his service weapon, resulting in the officer shooting him. The crash victim claims that two correctional officers assaulted him while he was receiving treatment at a hospital. The man has changed what date the assault took place twice, claiming the pain medication made it hard to remember, but regardless, the correctional officers were charged with guarding him on both dates, meaning his allegations are conceivable.
Court: USDC Western District of Virginia, Judge: Cullen, Filed On: March 13, 2024, Case #: 3:2cv17, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Negligence, Assault, Police Misconduct
J. Jennings grants partial discovery to plaintiff trust owners in fiduciary duty claims by requiring defendant, the other trust owner, to produce documents related to a pair of prior business transactions. However, sanctions are not warranted because defendant did not act in bad faith when he originally declined to produce the evidence.
Court: USDC Western District of Kentucky, Judge: Jennings, Filed On: March 13, 2024, Case #: 3:21cv289, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Sanctions, Trusts, Discovery
J. Pearson denies, in part, Norfolk Southern's motion to dismiss, ruling claims brought by residents of East Palestine are not preempted by federal law because the claims involved in the train derailment either involve conduct not covered by federal law or seek damages for a breach of safety regulations. Additionally, Norfolk Southern's transport of more than a million pounds of hazardous chemicals and intentionally setting them on fire in a residential neighborhood following the derailment constitute "abnormally dangerous activity" and establishes a claim for strict liability.
Court: USDC Northern District of Ohio, Judge: Pearson, Filed On: March 13, 2024, Case #: 4:23cv242, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Environment, Tort, Negligence
J. Pearson denies, in part, the chemical and rail companies' motion to dismiss, ruling that when they leased railcars and used them to transport chemicals, they knew the cars would pass through Ohio, which is sufficient to establish jurisdiction in this court for claims filed by the New Palestine residents harmed by the train derailment.
Court: USDC Northern District of Ohio, Judge: Pearson, Filed On: March 13, 2024, Case #: 4:23cv242, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Environment, Negligence, Jurisdiction
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J. Manasco grants a mortgage company’s motion for summary judgment in this personal injury lawsuit brought by a couple after the husband was injured when the brick on the stairs collapsed, causing him to fall and land on a stake sticking up out of the ground. The couple claims negligence, wantonness and loss of consortium, but lack enough evidence of the mortgagor’s culpable knowledge on any of those claims.
Court: USDC Northern District of Alabama , Judge: Manasco, Filed On: March 12, 2024, Case #: 2:21cv1417, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Evidence, Negligence, Premises Liability
J. Winmill denies in part an animal processing plant's motion for summary judgment regarding a family's wrongful death and negligence claims after an employee was killed by a machine unexpectedly starting up while he was cleaning it. A reasonable jury could find that the company "knew or consciously disregarded the risk posed by the cow shovel."
Court: USDC Idaho, Judge: Winmill, Filed On: March 11, 2024, Case #: 1:22cv191, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Tort
J. Reiss dismisses claims contending police beat a 78-year-old man for stealing a police vehicle, which caused his death three weeks later, because state law claims were not timely served, and the action failed to indicate survivors suffered damage due to the man's death.
Court: USDC Western District of New York, Judge: Reiss, Filed On: March 11, 2024, Case #: 1:22cv186, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Civil Procedure, Civil Rights
J. Wood partially grants a bank’s motion to dismiss claims by a tax lien trader that it presented her with inaccurate account statements. The lien trader further claims the lien trading platform, the bank and several Florida counties have conspired to lock her lien trading account but continue to trade liens and keep the sale proceeds for themselves without transferring any money into her bank account. The court dismisses all of the lien trader’s numerous allegations, save for one negligence claim over the bank not maintaining accurate records and losing funds that should have been deposited into her account.
Court: USDC Northern District of Illinois, Judge: Wood, Filed On: March 7, 2024, Case #: 1:21cv3589, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Tax, Negligence, Banking / Lending
J. Doughty denies summary judgment to three natural gas pipeline companies on their argument they are statutory employers under Louisiana law and, therefore, immune from a Texas-based contract worker’s personal injuries claims arising from his fall from a catwalk collapse. She did not have personal or corporate knowledge of the trio’s legal relationship and control of the injured worker at the time of her testimony. Therefore, her testimony will not be considered. The pipeline companies are unable to prove they are statutory employers barred from the worker’s suit under Louisiana law.
Court: USDC Western District of Louisiana , Judge: Doughty, Filed On: March 5, 2024, Case #: 3:23cv328, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Employment, Evidence, Tort
J. Nugent grants Target's motion for summary judgment, ruling there is no evidence any store employee knew the dock plate was wet or slippery when the truck driver made the delivery or that the plate was wet at all. Furthermore, considering the driver finished unloading his delivery without checking or wiping the dock plate down, he cannot prove his claim the store made an unreasonably safe condition that led to his fall.
Court: USDC Northern District of Ohio, Judge: Nugent, Filed On: March 5, 2024, Case #: 1:23cv328, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Evidence, Negligence, Premises Liability
J. Donnell dismisses a case brought by one of Jeffrey Epstein’s accusers in which she seeks to hold the owners of a building in which the assaults took place liable for the assaults. She claims the building’s owners allowed the abuse to occur by supporting Epstein socially and financially and allowing him to continue working and living in the building. The court finds the same underlying facts supporting her claims have already been litigated in an underlying state court action that she brought against Epstein’s estate, thus her claims are barred under res judicata.
Court: USDC Eastern District of New York, Judge: Donnelly, Filed On: February 29, 2024, Case #: 1:22cv125, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Jurisdiction, Assault