12 results for 'cat:"Jurisdiction" AND cat:"Premises Liability"'.
J. Goodwin grants the customer's motions for leave to file an amended complaint and for remand of her premises liability suit against the pharmacy retailer for injuries she sustained after tripping over a pallet in one of the isles at the pharmacy's Dunbar location. Since the store manager has been identified, neither he nor the pharmacy's employees are shielded from liability since the manager had possession and control of the store while he was on-duty. Since the customer can state a claim against the manager who is a West Virginia resident, the court no longer retains jurisdiction over the action.
Court: USDC Southern District of West Virginia, Judge: Goodwin, Filed On: April 29, 2024, Case #: 2:23cv705, NOS: Other Personal Injury - Torts - Personal Injury, Categories: jurisdiction, premises Liability
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J. Eagles grants a hotel’s motion to dismiss personal injury claims brought by a guest after she slipped on water and broke her hip. The guest had reported to staff that water was collecting under the air conditioning unit in her room, but they failed to fix the unit. At night, the guest got up and slipped on the water, breaking her hip. As the injury happened on St. Maarten, and the parties agreed to litigate in St. Maarten, this court lacks jurisdiction over the action.
Court: USDC Middle District of North Carolina, Judge: Eagles, Filed On: March 29, 2024, Case #: 1:23cv1048, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Negligence, jurisdiction, premises Liability
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. Colombell grants the garbage collector's motion to amend his slip and fall complaint. The worker, who slipped on ice at a mechanic shop, had put the current owners of the property as the defendant rather than the owners at the time of the fall, but the amendment is not prejudicial to any party.
Court: USDC Eastern District of Virginia, Judge: Colombell , Filed On: January 3, 2024, Case #: 3:23cv578, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Negligence, jurisdiction, premises Liability
J. Saylor grants a stadium owner’s motion for summary judgment against a spectator who fell at the stadium after slipping on a drink spilled by another spectator. Massachusetts doesn’t require cups to be sold with spill-proof lids even in situations where consumers carry their own drinks while traveling from concession stands to their seats, so it is outside of this court’s jurisdiction to determine that the stadium owner was liable. Because the fall occurred only a few seconds after a drink fell, the stadium owner and its contractors were not at fault for failing to remove the spill in time because they didn’t have enough notice of the spill.
Court: USDC Massachusetts, Judge: Saylor, Filed On: July 7, 2023, Case #: 1:21cv10910, NOS: Other Personal Injury - Torts - Personal Injury, Categories: jurisdiction, premises Liability