87 results for 'cat:"Employment" AND cat:"Negligence"'.
[Consolidated.] J. McNeill finds that the lower court properly reduced a $250,000 award for loss of earning capacity caused by an injury plaintiff sustained while interning for Western Kentucky University because plaintiff was only due the amount that remained following discharge of medical bills. Affirmed.
Court: Kentucky Court Of Appeals, Judge: McNeill, Filed On: May 3, 2024, Case #: 2023-CA-0521-MR, Categories: employment, Damages, negligence
J. McEvers finds that the district court properly denied a motion to alter or amend judgment in a matter involving a second amended judgment following a complaint for negligence from an oil rig explosion. The individual was properly determined to be the prevailing party in the action. Affirmed.
Court: North Dakota Supreme Court, Judge: McEvers, Filed On: May 2, 2024, Case #: 2024ND85, Categories: employment, negligence
J. Elrod finds the district court improperly dismissed the flight attendants' injury claims as time-barred. The Texas Supreme Court answers certified questions confirming that certain civil practice and remedies code applies to invoke a prior district court’s subject matter jurisdiction with proper pleading. The code applies here where the Dallas district court dismissed the previous action for lack of jurisdiction and this second action was filed within 60 days after the flight attendants exhausted all appeals from that dismissal. Reversed.
Court: 5th Circuit, Judge: Elrod, Filed On: May 2, 2024, Case #: 22-20317, Categories: employment, Tort, negligence
J. Gonzalez adopts a magistrate judge’s findings and dismisses a field technician’s wrongful termination suit against Charter Communications, an Internet service provider. His retaliation and negligence claims are both time-barred, and he fails to provide any substantive evidence to rebut his employer’s defense that he was an at-will employee.
Court: USDC Eastern District of New York, Judge: Gonzalez, Filed On: April 24, 2024, Case #: 1:23cv7383, NOS: Other Contract - Contract, Categories: employment, negligence, employment Retaliation
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
J. Gallagher grants Southwest’s motion to dismiss this employment dispute brought by a former employee alleging breach of contract, hostile work environment, disability and race discrimination, failure to accommodate and violations of the Maryland Healthy Working Families Act. The employee alleges she was terminated for giving a coworker her username and password, as a supervisor suggested, and calling in sick from jail. Southwest alleges the breach of contract claim is preempted by the Railway Labor Act for disputes between rail and airline workers of a collective bargaining agreement. The employee fails to state a plausible claim to her hostile work environment, disability and race discrimination, failure to accommodate and the Maryland law. Therefore, all claims are dismissed without prejudice, except the breach of contract and it is dismissed with prejudice.
Court: USDC Maryland, Judge: Gallagher, Filed On: April 18, 2024, Case #: 1:23cv2980, NOS: Employment - Civil Rights, Categories: employment, negligence, Contract
J. Morgan denies summary judgment to a pest control company and its employee who allegedly hit a bicyclist while trying to park in New Orleans’ historic French Quarter. The company argues the bicyclist was peddling the wrong way on the street, adding he is solely at fault for the accident and his injuries. However, a partial ruling would not settle the question of liability and other issues, such as whether the cyclist bears any blame for the accident and his injuries.
Court: USDC Eastern District of Louisiana , Judge: Morgan, Filed On: April 15, 2024, Case #: 2:22cv3870, NOS: Motor Vehicle - Torts - Personal Injury, Categories: employment, negligence
J. Whitney partially grants a husband and wife’s motion to alter judgment in this personal injury case against the husband’s former employer, a farm and its owner. Previously, the court ruled in favor of the husband, who had been injured on the job, and his wife, for the farm’s negligence and the wife’s loss of consortium for over $2 million. The husband and wife are correct to say they are owed post-judgment interest, which is now awarded.
Court: USDC Western District of North Carolina, Judge: Whitney, Filed On: April 10, 2024, Case #: 3:22cv413, NOS: Other Personal Injury - Torts - Personal Injury, Categories: employment, Tort, negligence
J. Toliver granted a motion to dismiss negligent hiring, training and retention claims made by a motorist who was hit by a tractor-trailer when it crossed over the highway centerline. The motorist did not provide evidence that the employer had failed to provide training beyond what a potential employee might be reasonably expected to know, such as the basic rules of the road. The motorist is granted leave to amend.
Court: USDC Northern District of Texas , Judge: Toliver, Filed On: April 5, 2024, Case #: 3:24cv114, NOS: Motor Vehicle - Torts - Personal Injury, Categories: employment, Tort, negligence
J. Isaac grants in part a transportation company’s motion for a protective order in a suit on negligence claims filed by an employee who was harmed when driving a tractor. For instance, the motion is partly granted as to the specified topic regarding the company's answers to interrogatories, and it is fully granted as to the topic regarding the deposition testimony of the defendant driver.
Court: USDC Southern District of Mississippi , Judge: Isaac, Filed On: March 25, 2024, Case #: 3:22cv251, NOS: Motor Vehicle - Torts - Personal Injury, Categories: employment, negligence, Discovery
J. Fallon denies a Texas-based alcoholic beverages distributor’s request to dismiss a negligence and defamation suit brought by a former driver. He alleges 16 months after he left the company, a lawyer for his ex-employer falsely informed a U.S. Department of Transportation website he refused to take a drug test. The allegations “just barely” support a defamation claim of reckless disregard for the truth.
Court: USDC Eastern District of Louisiana , Judge: Fallon, Filed On: March 22, 2024, Case #: 2:24cv304, NOS: Assault, Libel, & Slander - Torts - Personal Injury, Categories: employment, negligence, Defamation
Per curiam, the appellate division finds that the trial court properly ruled against the employee, who alleges she slipped and fell while working at the nursing home. While the employee showed the nursing home was negligent, it remains a question of whether she was a special employee of the other company. Affirmed in part.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: March 15, 2024, Case #: CA 23-00023, Categories: employment, negligence
J. Baldwin denies Union Pacific's motion to exclude improperly obtained photos. The switchman who was injured after slipping on debris while attempting to board a moving train brings this negligence claim for Union Pacific's alleged failure to provide clear walkways. Though the photos were obtained outside the discovery process, the switchman's attorneys acted in good faith when entering a facility to get them. Inclusion of the photos will not be detrimental to a fair and orderly trial.
Court: USDC Nevada, Judge: Baldwin , Filed On: March 4, 2024, Case #: 3:22cv479, NOS: Federal Employers’ Liability - Torts - Personal Injury, Categories: employment, negligence, Premises Liability
[Consolidated.] J. Rochford finds that the lower court improperly found for Motorola on negligence claims stemming from the plaintiffs' fathers' exposure to reproductively toxic chemicals at their employment, allegedly causing their children to be born with severe birth defects. There is a genuine issue of fact as to whether Motorola's health policy actually increased its employees' risk of child birth defects, as well as the feasibility of the plaintiffs' expert's proposed recommendations as to how the company should guard against injuries to its workers' unborn children. Reversed.
Court: Illinois Appellate Court, Judge: Rochford, Filed On: February 29, 2024, Case #: 220884, Categories: employment, Tort, negligence
J. Christopher finds that the trial court properly ruled in favor of the employer of a drunk driver, its off-duty employee, who left his friend's house in a work vehicle and crashed into a pickup on Christmas Eve. There is no evidence the accident was "proximately caused" by the employer's negligent supervision or training. Affirmed.
Court: Texas Courts of Appeals, Judge: Christopher, Filed On: February 27, 2024, Case #: 14-23-00417-CV, Categories: employment, negligence
Per curiam, the Kansas Supreme Court publicly reprimands a certified court reporter for repeatedly failing to timely submit an expedited transcript to an appeals court. The court reporter argued that she did not knowingly make untrue statements concerning her job duties. However, the State Board of Examiners of Court Reporters sufficiently showed in court that she failed to meet dates of completion of transcripts after securing several extension requests without justification.
Court: Kansas Supreme Court, Judge: Per curiam, Filed On: February 23, 2024, Case #: 1721, Categories: employment, negligence
J. Vance grants a request by the Uber rideshare company for a stay, but not dismissal, of a passenger’s lawsuit pending arbitration of negligence claims she was run over by the driver of the hired car. A case may be dismissed in favor of arbitration only if all the issues and claims raised are subject to arbitration. The passenger’s claims against two additional litigants, the driver of the Uber and an insurance company, may be litigated without arbitration.
Court: USDC Eastern District of Louisiana , Judge: Vance, Filed On: February 21, 2024, Case #: 2:23cv1775, NOS: Motor Vehicle - Torts - Personal Injury, Categories: employment, Tort, negligence
J. Bell partially denies multiple aerospace manufacturing firms and individuals’ motion to dismiss allegations of fraud, negligence and wrongful termination brought by a former CEO of one of the firms. The CEO heard through other staff that one firm, which had acquired his, had no intentions to continue investing in his, although they blatantly misrepresented this fact to other firms and investors. When the CEO remained silent instead of defending the misrepresentations, the company fired him.
Court: USDC Western District of North Carolina, Judge: Bell, Filed On: February 20, 2024, Case #: 3:23cv203, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, negligence, employment Retaliation
J. May finds that a clinic was properly denied summary judgment in negligent retention claims in which an injured patient contended the clinic retained a surgeon not fit to practice surgery. The clinic operated as a licensed professional per Iowa Code 668.11 and thus was not entitled to dismissal. Affirmed.
Court: Iowa Supreme Court, Judge: May, Filed On: February 9, 2024, Case #: 22-0576, Categories: employment, negligence
Per curiam, the appellate division finds that the trial court improperly dismissed claims contending an employee was injured while lifting a loaner jack onto a cart because the bed of a truck or other vehicle does not constitute an "elevated work surface." However, questions remain unresolved as to whether the company directed or controlled work at the site. Reversed in part.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: February 9, 2024, Case #: CA 23-00360, Categories: employment, negligence