18 results for 'cat:"Government" AND cat:"Vehicle"'.
J. Seeley finds the trial court properly granted the city’s motion to dismiss for lack of subject matter jurisdiction in this personal injury dispute brought by a driver after she was injured and her vehicle was damaged on a defective roadway. The driver alleges the city was aware of the condition and failed to repair it because she had reported a defective water main hole cover to the police and the public works department. She failed to state a cause of injury in her notice. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Seeley, Filed On: April 15, 2024, Case #: AC46460, Categories: government, vehicle, Negligence
J. Cogburn grants the Postal Service’s motion to dismiss federal tort claims alleged by a driver after she claimed a postal employee crashed into her car. However, the driver did not correctly fill out a form required to sue the USPS, leaving out the amount of money she was claiming. Eventually, she filled it out correctly, but this was only after the two-year time limit to sue had already expired.
Court: USDC Western District of North Carolina, Judge: Cogburn, Filed On: February 29, 2024, Case #: 3:23cv657, NOS: Motor Vehicle - Torts - Personal Injury, Categories: government, Tort, vehicle
J. Lasnik denies the United States' motion to dismiss the grandfather's complaint alleging that a diseased Douglas fir in the Olympic National Park fell onto his vehicle in January 2017, injuring the grandfather, killing his wife and paralyzing one of his grandchildren. The United States argues that the claims are untimely, but the grandfather and his family actively searched for a way to bring the United States into this lawsuit as it submitted two Freedom of Information Act requests to the National Parks Service in March 2017, which potentially entitles them to a tolling of the statute of limitations.
Court: USDC Western District of Washington, Judge: Lasnik, Filed On: January 16, 2024, Case #: 2:19cv2070, NOS: Motor Vehicle Product Liability - Torts - Personal Injury, Categories: government, vehicle, Product Liability
J. Hightower grants and denies several discovery motions in a negligence suit brought by a citizen who says he was rear-ended by a U.S. Fish & Wildlife Service official. The United States’ motion to exclude some testimony offered by the citizen, including a crash expert who offered legal conclusions, should be partially granted, but the government’s opposed motion to extend discovery deadlines should be denied because lawyers for the U.S. “did not sufficiently confer” with the civilian’s counsel.
Court: USDC Western District of Texas , Judge: Hightower, Filed On: January 5, 2024, Case #: 1:22cv787, NOS: Motor Vehicle - Torts - Personal Injury, Categories: government, vehicle, Discovery
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J. Mahan finds in favor of the civilian driver in a car collision case based, in part, on the government's concession of $4,300 in damages for the accident, in which she was rear-ended by an Army sergeant. However, the driver fails to show she is entitled to $5 million in damages for spinal cord and brain injuries, as she provided no medical testimony showing a connection between the accident and her neurological injury.
Court: USDC Nevada, Judge: Per curiam, Filed On: December 28, 2023, Case #: 2:19cv248, NOS: Motor Vehicle - Torts - Personal Injury, Categories: government, vehicle, Damages
J. Kuehn finds the district court improperly found the transportation company's claims were only for property loss and statutorily capped at $25,000. The company submitted a Tort Claims Act claim to the state Risk Management Department after its truck was damaged, catching fire after a head-on collision with a vehicle owned by the state college and driven by a college employee. The office settled for the statutory amount of $25,000 and the company claimed consequential damages of $68,636. The relevant statute allows for separate claims for property loss and any other loss caused by the state, and the consequential losses are subject to the $125,000 cap. Reversed.
Court: Oklahoma Supreme Court, Judge: Kuehn , Filed On: December 19, 2023, Case #: 121252, Categories: government, Tort, vehicle
J. Johnston grants the Parkersburg mayor, its former police chief and various city officials' motion for summary judgment in the small vehicle repair shop owner's suit claiming they violated his civil rights through a series of citations and arrests related to the operation of his business to impugn his credibility as a write-in candidate for mayor. The arrests made of the repair shop owner were reasonable since they were done during the city’s enforcement of an order it received in Wood County Circuit Court compelling him to clean up an adjacent lot where he kept cars awaiting repair. Since the city officials did not violate any of the repair shop owner's constitutional rights, the court dismisses his state law claims of abuse of process, battery and tortious interference with a business relationship.
Court: USDC Southern District of West Virginia, Judge: Johnston , Filed On: December 19, 2023, Case #: 2:20cv583, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, government, vehicle
J. Golemon finds the county court improperly denied the Texas Department of Transportation’s motion for no evidence summary judgment and to dismiss this personal injury suit brought by the motorcyclist who crashed due to hitting a pothole. The pothole was not a special defect caused by the department’s actions and there is no evidence that the agency had actual knowledge of the danger of the pothole when the accident occurred. There is no waiver of sovereign immunity under the Texas Tort Claims Act without this evidence, and the trial court lacks subject matter jurisdiction. Reversed and rendered.
Court: Texas Courts of Appeals, Judge: Golemon, Filed On: October 19, 2023, Case #: 09-22-00256-CV, Categories: government, vehicle, Negligence
J. Kauger finds the trial court improperly dismissed this suit arising from injuries sustained by citizens in a collision with an Oklahoma Highway Patrol Trooper. A letter asking the highway patrol to preserve evidence was determined by the Office of Management & Enterprise Services to be statutory notice of a governmental tort claim, triggering Oklahoma Governmental Tort Claims Act limits. The trial court then determined that time limit had expired when the suit was filed. The letter did not include language and information complying with the Act as constituting notice. Reversed and remanded.
Court: Oklahoma Supreme Court, Judge: Kauger, Filed On: October 17, 2023, Case #: 121422, Categories: government, Tort, vehicle
J. Bush finds the lower court properly denied the county's motion to dismiss a due process claim filed by individuals whose vehicles were seized pending criminal charges that might ultimately never be filed. The failure to provide a post-seizure hearing within a reasonable time frame deprived the individuals of their property and likely violated due process. Several individuals had to wait four to six months without their cars before they could attend a hearing, and because the majority of the seizures were warrantless and based only on the vehicles' proximity to high-crime areas, the county must provide more expedient hearings no more than two weeks after the car is seized. Affirmed.
Court: 6th Circuit, Judge: Bush, Filed On: August 31, 2023, Case #: 22-1262, Categories: government, vehicle, Due Process
J. Hurson grants the United States its motion to dismiss tort allegations after an NSA employee failed to identify herself at a checkpoint, causing a different employee driving behind her to crash. An NSA police officer activated a barricade after the female employee failed to identify herself, causing the rear of the other employee’s car to hit a jersey barrier. He and his wife were injured but recovered related expenses through workers’ compensation, preventing them from suing the government or the female employee, who is considered to have had immunity.
Court: USDC Maryland, Judge: Hurson, Filed On: August 22, 2023, Case #: 8:20cv2318, NOS: Motor Vehicle - Torts - Personal Injury, Categories: government, Tort, vehicle
J. Baker finds the Department of Motor Vehicles properly ruled to revoke a vehicle-dealer license to the owners of a car dealership. The owners assert that the DMV failed to provide proper due process to negotiate lesser sanctions against them. However, the owners were provided due process and the ability to schedule a rehearing of their case with the DMV. Affirmed.
Court: Texas Courts of Appeals, Judge: Baker, Filed On: June 22, 2023, Case #: 03-22-00084-CV, Categories: government, Licensing, vehicle
J. Brnovich grants the director of the Arizona Department of Transportation's motion to dismiss a civilian's claims that he lost job opportunities after it imposed a restitution lien on his vehicle. The department of transportation sufficiently showed in court that the civilian failed to serve the director in person.
Court: USDC Arizona, Judge: Brnovich, Filed On: June 15, 2023, Case #: 2:23cv303, NOS: Other Civil Rights - Civil Rights, Categories: government, vehicle
J. Bunn reverses the lower court's April 9, 2021, order affirming the West Virginia Division of Motor Vehicle's Office of Administrative Hearing's order revoking the Charleston man's driver's license for driving under the influence of a controlled substance. In addition to a negative blood test, the court finds OAH could not establish by a preponderance of the evidence the man was under the influence of any drugs when a Charleston police officer in the early morning of April 13, 2019, detained the man after observing him exiting his car that was parked diagonally across several spaces and while it was running, and then enter a convenience store and leave without making a purchase. Reversed.
Court: West Virginia Supreme Court Of Appeals, Judge: Bunn, Filed On: June 15, 2023, Case #: 21-0371, Categories: government, Transportation, vehicle
J. Hutchison affirms the lower court's Nov. 8, 2021, order reversing the West Virginia Division of Motor Vehicle's Office of Administrative Hearing's revocation of the Putnam County man's license for DUI following an alleged domestic dispute on Nov. 28, 2019. The court finds OAH's initial and subsequent revocations were in error since the man was charged with the crime based on the allegation of the complaining witness and his warrantless arrest for domestic battery and assault. Affirmed.
Court: West Virginia Supreme Court Of Appeals, Judge: Hutchison , Filed On: June 15, 2023, Case #: 21-0990, Categories: government, Transportation, vehicle
J. Bunn affirms the lower court's order entered Aug. 12, 2021, finding the West Virginia Division of Motor Vehicle's Office of Administrative Hearings properly reinstated both the Berkeley County man's personal and commercial driver's licenses. The court finds DMV could not establish by a preponderance of the evidence he drove a motor vehicle under the influence of alcohol when he crashed his car into a tree in neighboring Jefferson County in the early morning of July 17, 2017, and left the scene. Affirmed.
Court: West Virginia Supreme Court Of Appeals, Judge: Bunn, Filed On: June 14, 2023, Case #: 21-0726, Categories: government, Transportation, vehicle