750 results for 'nos:"Other Personal Injury - Torts - Personal Injury"'.
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
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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
J. Brown partially grants the couple's motions to dismiss an action brought by the ex-girlfriend alleging that the couple violated the Violence Against Women Reauthorization Act by showing people at a restaurant an intimate video of the ex-girlfriend without her consent. She sufficiently alleges that the couple's behavior in showing the video on a phone to other people at a public restaurant counts as "disclosing" it. Since a phone is an instrumentality of interstate commerce, the use of a phone to show the video satisfies the statutory requirements.
Court: USDC Northern District of Georgia, Judge: Brown, Filed On: February 28, 2024, Case #: 1:23cv3169, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Privacy
J. Cain grants summary judgment to the owner of a casino and hotel, and against an elevator passenger whose negligence suit alleges the five-floor lift malfunctioned, triggering a series of abrupt, nonviolent drops, stops and starts. Based on an elevator expert's testimony, there is no inference of negligence or breach of duty by the casino.
Court: USDC Western District of Louisiana , Judge: Cain, Filed On: February 27, 2024, Case #: 2:22cv174, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Evidence, Negligence, Experts
J. Dever grants partial summary judgment to the daughter of a deceased military colonel who qualifies as the colonel’s legal representative under the Camp Lejeune Justice Act. The federal government fails to sufficiently claim that there is a genuine triable issue about whether the daughter qualifies as a legal representative, and, thereby, has the right to sue under the Act.
Court: USDC Eastern District of North Carolina, Judge: Dever, Filed On: February 27, 2024, Case #: 7:23cv897, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Environment, Government, Tort
J. Illston allows class privacy claims to proceed against Meta from a class of Illinois consumers who say Meta took their voiceprints without permission. California and Illinois law conflict with each other somewhat in terms of what voiceprint privacy measures are protected, but there are enough allegations at this stage that Meta is using its Messenger app, Facebook or other third parties to collect personal information from consumers without their knowledge or consent. Claims that Meta does not properly protect their private data once collected and leaves the data open to cyber-attacks are tossed, however, because the class has not put forward any evidence that ties to how Meta stores their biometric information, ill-gotten or otherwise.
Court: USDC Northern District of California, Judge: Illston, Filed On: February 27, 2024, Case #: 3:23cv4181, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Privacy, Class Action
J. Manglona dismisses a case and finds the U.S. is not liable, for an incident where a man tripped and was injured while in a national park, due to the discretionary function exception. The exception holds decisions about the maintenance and operation of the park are subject to discretionary decisions by the park’s supervisors, rather than the government.
Court: USDC Northern Mariana Islands, Judge: Manglona, Filed On: February 26, 2024, Case #: 1:21cv37, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Tort, Jurisdiction, Premises Liability
J. Carreno-Coll grants the United States' motion to dismiss the injured man's claims against it stemming from a motor vehicle collision, along with the insurance company and the driver's employer's motion to dismiss. This court lacks subject-matter jurisdiction over this case because the driver was not employed directly by the U.S. Postal Service, as the injured man alleged. The injured man also has not proven that the United States was properly served. The court also declines to exercise supplemental jurisdiction over the injured man's claim under Puerto Rico law.
Court: USDC Puerto Rico, Judge: Carreno-Coll, Filed On: February 23, 2024, Case #: 3:22cv1130, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Tort, Jurisdiction
J. Arpert grants spoliation sanctions against Outback Steakhouse in slip and fall claims brought by a patron because surveillance video of the restaurant bathroom would have had probative value, and witness testimony would not supplement the footage. Meanwhile, the restaurant manager failed to take reasonable steps to preserve video from the USB thumb drive.
Court: USDC New Jersey, Judge: Arpert, Filed On: February 21, 2024, Case #: 3:19cv18277, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Evidence, Sanctions, Negligence