59 results for 'cat:"Employment" AND cat:"Tort"'.
J. Wolson denies an auto company’s motion for summary judgment against a contractor hired to transport a pickup truck who was injured when the truck, which had mechanical problems, rolled over his legs. A reasonable jury could find that the contractor operated under the assumption that the truck’s transmission would hold it in place because the company negligently failed to tell him the truck was inoperable.
Court: USDC Eastern District of Pennsylvania, Judge: Wolson, Filed On: May 15, 2024, Case #: 2:23cv2350, NOS: Other Personal Injury - Torts - Personal Injury, Categories: employment, tort, Contract
Per curiam, the appellate division finds that the lower court properly granted the worker partially summary judgment as to liability on his labor law claim stemming from his injury while attempting to install an air conditioning coil unit at defendants' premises. When the power was cut, the unit fell on his knees and the worker was injured attempting to hold the unit to prevent it falling on his coworker below. Defendant is responsible for failing to ascertain whether there were live wires in the vicinity of the work and protect the worker against electric shock. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 7, 2024, Case #: 02497, Categories: employment, tort
J. Pitman dismisses claims in a countersuit brought by the co-founder of the Austin Chronicle and South by Southwest (SXSW) after he was sued by a former employee, who says he coerced her into sex and then withheld her salary after she refused to marry him. He countersued, alleging she had stolen “several valuable comic books and pulp magazines” from his garage. The counterclaim is inappropriate, as the legal questions in the suit and countersuit “contain no overlap,” and the co-founder’s alleged sexual harassment and abuse would not “excuse or legally justify” the alleged theft or vice versa. At the same time, claims against the Chronicle should be dismissed because no evidence suggests the Chronicle knew about this situation and “deliberately chose to look the other way.”
Court: USDC Western District of Texas , Judge: Pitman, Filed On: May 7, 2024, Case #: 1:23cv1197, NOS: Other Personal Injury - Torts - Personal Injury, Categories: employment, tort, Civil Extortion
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. Gillmor denies summary judgment to the employer of a worker whose was injured when her arm was sucked into an industrial vacuum while working on board a U.S. Navy vessel. There are genuine issues of material fact as to if the worker was considered a “seaman” under the definition of the Jones Act when the injury occurred as there are questions as to if the worker’s efforts to protect the ship from corrosion should be contributed to the operation of the vessel as well as questions about the extent of the injuries and the relationship of all the parties to each other. The worker’s declarations are not a “sham” as the employer does not show how different instances of her testimony contradict each other.
Court: USDC Hawaii, Judge: Gillmor, Filed On: April 26, 2024, Case #: 1:22cv275, NOS: Other Personal Injury - Torts - Personal Injury, Categories: employment, Maritime, tort
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
[Consolidated.] J. Duhart finds the trial court properly struck portions of an expert witness's affidavit provided on behalf of the injured employee. The witness specifically claimed the employer knew the dangerous nature of an asphalt mixing tank and acted with deliberate intent to injure the employee, which exceeded the scope of his knowledge. Meanwhile, even though OSHA had instructed the employer to put a safety cover on the mixer, the employee failed to prove deliberate intent to injure, considering his testimony that he had worked on the machine for over eight years and did not consider it unsafe; therefore, the court properly granted the employer's motion for summary judgment. Affirmed.
Court: Ohio Court Of Appeals, Judge: Duhart, Filed On: April 26, 2024, Case #: 2024-Ohio-1617, Categories: employment, tort, Experts
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. Donnelly preserves a Trafficking Victims Protection Act complaint that alleges the Odyssey Study Group, described as a religious cult, coerced the litigant, a 23-year member who eventually left in 2013, into performing labor and other services. The court finds the complaint is timely and adequately alleges the organization engaged in a conspiracy by threatening him with serious harm, including disclosing personal information, if he did not perform the work or attend its classes.
Court: USDC Eastern District of New York, Judge: Donnelly, Filed On: March 27, 2024, Case #: 1:22cv7686, NOS: Other Statutory Actions - Other Suits, Categories: Civil Rights, employment, tort
J. Cassel finds the district court improperly overruled the school district's motion for summary judgment. The district claims it has immunity from the wrongful discharge suit filed by the former employee who was terminated after it was discovered she had provided incorrect ID information in order to cover up a previous arrest. The district's decision to terminate her employment falls within the discretionary function exemption of the Political Subdivisions Tort Claims Act. Reversed.
Court: Nebraska Supreme Court, Judge: Cassel , Filed On: March 22, 2024, Case #: S-23-490, Categories: Education, employment, tort
J. Smith partially denies summary judgment to a boat captain who slipped and fell on a whale watching tour boat. There is a genuine dispute of material fact if there was an unseaworthy, worn non-slip strip and fuel leak in the room where he slipped, or if this was an uncommon condition of the room. The tour company is granted partial summary judgment as to the injury to the captain’s left leg, but not to injury to his right knee. The tour company’s obligation to the health of his left leg has reached maximum medical cure, but questions remain as to whether the right knee’s condition is connected to the original injury.
Court: USDC Hawaii, Judge: Smith, Filed On: March 22, 2024, Case #: 1:22cv442, NOS: Marine - Torts - Personal Injury, Categories: Admiralty, employment, tort
J. Garry finds that a police officer was properly denied accidental disability retirement benefits for a knee injury sustained when he fell while dismounting a bike to chase a suspect during a training exercise because the injury occurred during routine training included in regular job duties and thus did not constitute an accident. Affirmed.
Court: New York Appellate Divisions, Judge: Garry, Filed On: March 21, 2024, Case #: CV-23-1359, Categories: employment, Social Security, tort
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
[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
[Consolidated.] J. Christopher finds that the trial court improperly denied summary judgment to ExxonMobil in litigation stemming from a fire and explosion at its plant in Baytown that resulted in injuries to employees of subcontractors. ExxonMobil "conclusively established its exclusive-remedy defense under the Texas Workers' Compensation Act" by showing it had an agreement to provide workers' comp coverage to the subcontractors' employees. Reversed.
Court: Texas Courts of Appeals, Judge: Christopher, Filed On: February 29, 2024, Case #: 14-22-00863-CV, Categories: employment, tort, Workers' Compensation
J. Chin finds that the district court improperly dismissed claims brought under the Federal Employers' Liability Act concerning an injury after initially declining to find for the transit agency. Two years after the initial decision, and just days before a bench trial, the court reconsidered and granted summary judgment without providing the parties notice or allowing the employee to oppose the finding.
Court: 2nd Circuit, Judge: Chin, Filed On: February 27, 2024, Case #: 22-1921-cv, Categories: Civil Procedure, employment, tort
J. Flaum finds that a woman cannot sue the employer of the man who sexually assaulted her under the guise of hiring her to do modeling work. No one at the company had any knowledge that of the man's promises to hire her as an independent contractor, and she was never entered into the payroll system. Therefore, she cannot hold the employer liable for its employee's actions. Affirmed.
Court: 7th Circuit, Judge: Flaum, Filed On: February 27, 2024, Case #: 23-1320, Categories: employment, tort
J. Vitter denies summary judgment to the owner of an offshore production platform on the argument it is not responsible for injuries a rig worker allegedly sustained on a chartered supply vessel carrying him to an oil platform. Two site leaders on the platform at the time of the incident testified that the rig owner has control over both the timing and the means by which a crew change occurs.
Court: USDC Eastern District of Louisiana , Judge: Vitter, Filed On: February 22, 2024, Case #: 2:22cv122, NOS: Marine - Contract, Categories: employment, Maritime, tort
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. Mackey finds that a police officer was properly denied accidental disability retirement benefits after he injured his back while moving boxes of road flares because receiving and organizing flare deliveries fell under the officer's facilities duties and thus did not constitute an accident under social security law. Affirmed.
Court: New York Appellate Divisions, Judge: Mackey, Filed On: February 15, 2024, Case #: CV-23-0765, Categories: employment, Social Security, tort
J. Powers finds that a police officer was properly denied accidental disability retirement benefits by the state when she was injured while carrying a flagpole in a ceremonial detail. The incident did not constitute an accident since the officer recognized that she would have to maneuver the flagpole through doorways during the indoor ceremony, and thus striking a door as occurred was not unexpected. Affirmed.
Court: New York Appellate Divisions, Judge: Powers, Filed On: February 15, 2024, Case #: CV-23-0233, Categories: employment, Social Security, tort
J. Cronan denies the employer's motion for summary judgment on an employee's claims she developed respiratory illness as a result of her exposure to strong chemicals in a sealant used for station repair work. The employer did not file a Daubert motion to challenge the employee's proposed experts on causation, and she does not need expert testimony to establish that she experienced a headache, sore throat, and burning eyes in the immediate aftermath of being exposed to a strong chemical.
Court: USDC Southern District of New York, Judge: Cronan, Filed On: February 13, 2024, Case #: 1:22cv1719, NOS: Federal Employers’ Liability - Torts - Personal Injury, Categories: employment, tort
J. Briones remands to state court a lawsuit brought by a construction worker who said he was injured on the job and separately allows him to amend his complaint to add other prospective defendants. While this court finds that the construction worker has overall met the requirements to add new defendants, the court has “concerns” about one of these defendant companies because while the construction worker says he only recently learned its identity, the company is run by his own son, and this court “finds it difficult to believe that plaintiff was not aware of his sonzs identity, nor
the fact that he purportedly worked for his son’s company on the date of the alleged fall.”
Court: USDC Western District of Texas , Judge: Briones, Filed On: February 8, 2024, Case #: 3:23cv268, NOS: Other Personal Injury - Torts - Personal Injury, Categories: employment, tort, Jurisdiction
J. Messitte denies an employer’s motion to strike and grants its motion to dismiss in this amended complaint for FMLA interference brought by a former employee. The employee says the company declined to let her return to work a month after she suffered multiple injuries; she was fired 10 months later. The complaint fails to show the employer made any misrepresentation about her FMLA rights, however.
Court: USDC Maryland, Judge: Messitte, Filed On: February 7, 2024, Case #: 8:23cv1482, NOS: Family and Medical Leave Act - Labor, Categories: Civil Rights, employment, tort
J. Dick grants a request by a movie production studio and the director of the film, “Emancipation,” dismissing a supporting actor’s claims he was struck in the face by a cable-suspended camera hanging in a dangerous manner while on the movie set. The actor's allegations of negligence and intentional misconduct resulting in injury are woefully insufficient to state a claim that falls outside the exclusive remedy of Louisiana’s worker’s compensation laws.
Court: USDC Middle District of Louisiana, Judge: Dick, Filed On: January 30, 2024, Case #: 3:23cv168, NOS: Other Personal Injury - Torts - Personal Injury, Categories: employment, tort, Workers' Compensation