1,060 results for 'cat:"Tort"'.
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. Miskel finds that the lower court properly denied the appellant company's dismissal motion in this personal injury lawsuit stemming from an industrial accident, in which the appellee was allegedly injured while performing repair work at a recycling plant. The company sought dismissal based on a failure to file a certificate of merit pursuant to chapter 150, but the lower court did not abuse its discretion with the ruling. Affirmed.
Court: Texas Courts of Appeals, Judge: Miskel, Filed On: March 13, 2024, Case #: 05-23-00219-CV, Categories: Civil Procedure, tort, Negligence
J. Stewart finds the trial court properly granted summary judgment to the subsea oil drilling engineering and exploration firm. The employee says he sustained injuries to his shoulder and neck while servicing a remotely operated vehicle onboard a drillship during a Chevron contract. He brings claims under theories of negligence and unseaworthiness. The trial court correctly held the employee is not a seaman as defined by his Jones Act claim, and he did not establish a genuine dispute of material fact as to negligence and unseaworthiness. Affirmed.
Court: 5th Circuit, Judge: Stewart , Filed On: March 12, 2024, Case #: 23-20095, Categories: Maritime, tort, Negligence
J. Manzanet-Daniels finds that the lower court improperly denied the construction worker's labor law claim stemming from an accident where he was struck in the head by a falling brick, which broke his hard hat. The worker is not required to show the exact circumstances under which the object fell. Further, it is undisputed there was no netting to prevent object from falling on workers. Reversed.
Court: New York Appellate Divisions, Judge: Manzanet-Daniels, Filed On: March 12, 2024, Case #: 01279, Categories: Construction, tort, Labor
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J. Darby finds the trial court properly entered summary judgment in favor of Cessna. After the pilots were injured in a plane crash, they filed a negligence suit against Cessna alleging the company failed to revise its service manual to include a new part and installation instructions. The claim is subject to the General Aviation Revitalization Act's statute of repose. Cessna did not add or omit anything to the service manual that was a proximate cause of the accident in order to restart the statute. Affirmed.
Court: Oklahoma Supreme Court, Judge: Darby , Filed On: March 12, 2024, Case #: 121,203, Categories: tort, Negligence, Aviation
Per curiam, the appellate division finds that the lower court improperly denied the housing authority's motion to dismiss this trip and fall complaint on an sidewalk adjacent a Bronx property. The evidence refutes the claim that the housing authority has any ownership or maintenance of the subject premises. Reversed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: March 12, 2024, Case #: 01273, Categories: tort
J. Goodwin partially grants the defendant motorist's motions in limine in this personal injury lawsuit arising from a motor vehicle collision. The plaintiff motorist and his non-expert fact witnesses may testify as to mental and emotional pain suffered from the experience, but cannot testify as to the motorist's injuries and treatment. The plaintiff motorist is also prohibited from "urging the jury to send a message with its verdict," as this would be inappropriate.
Court: USDC Western District of Oklahoma , Judge: Goodwin, Filed On: March 11, 2024, Case #: 5:22cv389, NOS: Motor Vehicle - Torts - Personal Injury, Categories: tort, Experts, Discovery
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. Goodwin denies in part the plaintiff motorist's motions in limine in this lawsuit arising from a motor vehicle collision. The plaintiff motorist seeks to preclude the defendant motorist from introducing plaintiff's medical information that is not related to this case, but this request is too broad and does not identify any specific record. Plaintiff can object during trial if defendant attempts to introduce an inadmissible medical record. However, the defendant motorist's counsel and witnesses are precluded from suggesting "that the jury's decision may result in higher healthcare costs or affect the costs of insurance."
Court: USDC Western District of Oklahoma , Judge: Goodwin, Filed On: March 11, 2024, Case #: 5:22cv389, NOS: Motor Vehicle - Torts - Personal Injury, Categories: tort, Discovery
J. Wise finds that a new trial is necessary for a widow's claims stemming from the depiction of her dead husband in the TV show "Ghostly Encounters." The widow provided enough evidence for a jury to find that the show improperly alleged that the husband had sexually abused boys without attempting to verify that information or to include any disclaimers that the show was only for entertainment and should not be taken at face value. However, there was not enough evidence to support the widow's defamation claim. Because it cannot be assumed "that the verdict was based only on [the widow's] claims that were properly submitted to the jury," the entire verdict must be reversed. A new trial is ordered for the widow's invasion of privacy and tort of outrage claims. Reversed.
Court: Alabama Supreme Court, Judge: Wise, Filed On: March 8, 2024, Case #: SC-2023-0132, Categories: tort, Defamation, Privacy
J. Tijerina finds the lower court improperly denied the city's plea to the jurisdiction on an individual's negligence lawsuit filed under the Texas Tort Claims Act. She claims she was injured "while she was being transported by police," but she does not provide detail as to how she was injured. She fails to establish a waiver of the city's immunity. Reversed.
Court: Texas Courts of Appeals, Judge: Tijerina, Filed On: March 7, 2024, Case #: 13-23-00060-CV, Categories: tort, Immunity, Jurisdiction
J. Jewell finds that the trial court partly erred in its ruling against the city in a personal injury case stemming from a crash between a fire truck and a car. Two of the passengers in the car "lack standing to assert claims for medical expenses incurred when they were minors" because the cause of action belongs to their parents, who should not have been joined to the suit after limitations expired. Reversed in part.
Court: Texas Courts of Appeals, Judge: Jewell, Filed On: March 7, 2024, Case #: 14-23-00087-CV, Categories: tort, Immunity
Per curiam, the circuit finds the district court properly granted the merchant vessel owners' motion for summary judgment. The retired mariner, after contracting lung cancer, sued the owner of every vessel he had worked on during his nearly 50-year career on allegations he was exposed to asbestos. The mariner died at the age of 92, with his estate taking over the lawsuit. The estate shows no evidence of asbestos exposure, while its expert reports on causation were properly excluded. Affirmed.
Court: 5th Circuit, Judge: Per curiam, Filed On: March 7, 2024, Case #: 23-30460, Categories: Evidence, tort, Asbestos
Per curiam, the appellate division finds that the lower court improperly found for the church in a trip and fall suit. The church failed to show that the area of the sidewalk were the accident occurred was within a designated bus stop location maintained by the city. Reversed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: March 6, 2024, Case #: 01172, Categories: tort
J. Leinenweber denies the originally sued insurance firm’s motion to transfer this case to Utah, and partially grants the originally suing insurance and capital firms’ motion to dismiss their opponents’ fraud, conspiracy, wage law violation and tort claims. This is a convoluted contract dispute arising from a number of businesspeople who passed their insurance and capital firms between each other and spent time working for each other. Now, in claims and counter-claims, they accuse each other of business malfeasance of various stripes, which the court attempts to simplify in this ruling eliminating all but three claims several of the parties on both sides face.
Court: USDC Northern District of Illinois, Judge: Leinenweber, Filed On: March 5, 2024, Case #: 1:23cv1109, NOS: Other Contract - Contract, Categories: Fraud, tort, Interference With Contract
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. Suddaby enters judgment in favor of a Syracuse police officer on a citizen’s claims for excessive force and failure to intervene, dismissing the entire complaint. He alleges the officer used unreasonable force to restrain him on suspicions that he inserted contraband into his rectum while being detained in a holding cell. He also alleges he was restrained both physically and medically at a local hospital and was forced to undergo a sigmoidoscopy in an effort to retrieve the contraband. Video surveillance shows the officer had not used unreasonable force during these events. The officer also successfully alleges that he was not involved in the hospital’s decision to sedate him or the order to perform the medical procedure.
Court: USDC Northern District of New York, Judge: Suddaby, Filed On: March 5, 2024, Case #: 5:20cv1215, NOS: Other Civil Rights - Civil Rights, Categories: tort, Negligence, Police Misconduct
J. Scudder finds that the lower court improperly found for the restaurant in a slip and fall suit that left a patron with a dislocated hip. The patron testified that she slipped after stepping in some liquid, which left a wet spot on her dress. This is enough to create a disputed issue of fact as to whether a wet floor caused her fall. Reversed.
Court: 7th Circuit, Judge: Scudder, Filed On: March 4, 2024, Case #: 23-2213, Categories: tort
J. Winmill grants in part the government's motion for remedies in a property dispute. The government alleges that a couple formed a camping and vacation rental company and put tents, a boat house, a boat ramp, a dock, a gazebo and fencing on government land without permission. The company has not responded to the government's letters asking them to remove the encroachments. The couple and their company were found liable for all claims. The government's request of an order requiring the company to vacate the government's property is granted, but "an injunction requiring the defendants to remove the encroachments within a 30-day period would be oppressive." The company is enjoined from "from trespassing on the subject property, constructing or maintaining encroachments on the subject property, and renting or listing for rent the subject property."
Court: USDC Idaho, Judge: Winmill, Filed On: March 4, 2024, Case #: 2:22cv439, NOS: Torts to Land - Real Property, Categories: Real Estate, tort, Injunction
J. Doss finds that the lower court properly awarded physical impairment damages in this lawsuit involving a car accident. Contrary to the appellant's argument, the evidence sufficiently supports the award, and the jury had "great discretion for how to allocate damages." Affirmed.
Court: Texas Courts of Appeals, Judge: Doss, Filed On: March 4, 2024, Case #: 07-23-00114-CV, Categories: Evidence, tort, Damages
J. Clark finds the trial court lacked jurisdiction over the construction company's request for a prejudgment remedy because the application was based on vexatious litigation claims assigned by another company that fall under a category of tort claim that cannot be assigned from one party to another. Therefore, the judgment made by the lower court will be vacated and the case will be dismissed. Reversed.
Court: Connecticut Court Of Appeals, Judge: Clark, Filed On: March 1, 2024, Case #: AC45845, Categories: Civil Procedure, tort