1,071 results for 'cat:"Tort"'.
J. Brooks denies in part motion to dismiss a family's allegations that a five-year-old died from died from melioidosis, an infectious disease caused by a tropical bacteria called Burkholderia pseudomallei, which they allege he was exposed to by contaminated aromatherapy room spray. The product was purchased at Walmart, and later that year, Walmart recalled the product after finding the bacteria in it. The parents are already litigating a suit against Walmart, and the majority of defendants consent to transfer. Claims against some defendants are severed from claims against other defendants, and the amended complaint shall be given a new case number. This case, with the remaining defendants, shall be transferred to United States District Court for the Central District of California (Eastern Division).
Court: USDC Central District of California, Judge: Brooks, Filed On: April 26, 2024, Case #: 5:24cv870, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: tort, Wrongful Death
J. Byrne finds that the trial court properly ruled against a truck driver who collided with a vehicle that was disabled on the shoulder of the highway. The truck driver sued the other driver and his employer, alleging negligence due to his failure to place reflective cones behind his disabled vehicle. Despite the truck driver's arguments to the contrary, the exclusion of the on-scene trooper's testimony did not lead to an improper judgment. Affirmed.
Court: Texas Courts of Appeals, Judge: Byrne, Filed On: April 25, 2024, Case #: 03-23-00266-CV, Categories: tort, Vehicle
Per curiam, the appellate division finds that the lower court improperly denied the flooring subcontractor's motion for a property inspection in a trip and fall suit alleging a woman tripped over a vent hole in the carpet. The contractor is entitled to inspect the site of the incident giving rise to the woman's serious injuries, even if the vent cover has already been replaced. Reversed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: April 25, 2024, Case #: 02251, Categories: Evidence, tort
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J. Sannes preserves claims for failure to intervene against two Syracuse police officers stemming from the alleged used of excessive force during the arrest of two local residents, finding material disputes remain as to whether either officer had the opportunity to intervene during the incident. The court however enters judgment in favor of one of the officers on failure to intervene and excessive force claims for actions that took place while transporting the litigants in an ambulance to a local hospital following the arrest, finding he was not involved in any use of force during that time.
Court: USDC Northern District of New York, Judge: Sannes, Filed On: April 24, 2024, Case #: 5:19cv995, NOS: Other Civil Rights - Civil Rights, Categories: Energy, tort, Police Misconduct
J. Iannacci finds that the lower court properly found that the Education Law's notice of claim requirements do not apply to charter schools. A mother sued the charter school for a bullying incident where her special needs daughter was pushed to the floor, injuring her elbow. The mother was not required to serve a notice of claim on the school before filing this tort action. "Neither the public character nor the purpose of charter schools renders them equivalent to a school district for purposes of invoking the protections of notice of claim statutes." Affirmed.
Court: New York Appellate Divisions, Judge: Iannacci, Filed On: April 24, 2024, Case #: 02205, Categories: Civil Procedure, Education, tort
J. Baker finds that the county court properly ruled against a homeowner in a debt case filed by a repairman who was not paid after working on the homeowner's septic system. The homeowner refused to pay for the services, alleging that the repairman did not complete the work and caused more damage to her septic system. The repairman's testimony that he completed the repairs is more credible than the homeowner's counter assertions. Affirmed.
Court: Texas Courts of Appeals, Judge: Baker, Filed On: April 24, 2024, Case #: 03-22-00492-CV, Categories: tort, Contract
J. Jolly finds the district court improperly dismissed the former prisoner's assault claim under the Federal Tort Claims Act after prison officials allegedly physically restrained and beat him. The district court held his injuries were minor and not legally cognizable. The applicable tort law does not bar claims based on minor injuries. Reversed.
Court: 5th Circuit, Judge: Jolly , Filed On: April 24, 2024, Case #: 22-30294, Categories: tort, Police Misconduct, Prisoners' Rights
Per curiam, the appellate division finds that the lower court improperly dismissed the insurer's claim for a declaratory judgment that it has no duty to defend the archdiocese in 1500 underlying sexual abuse actions. The insurer's allegations concerning the archdiocese's longstanding awareness of sexual abuse should not have been discounted. Reversed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: April 23, 2024, Case #: 02139, Categories: tort, Indemnification
J. Huffaker grants, in part, the medical device maker’s motion to dismiss a product liability suit filed by a patient who claims that her Smart Port, implanted for the purpose of infusion therapy was defective. She alleges claims under the Alabama Extended Manufacturer’s Liability Doctrine as well as claims for negligence, breach of warranty and wantonness concerning the device’s catheter, which fractured near her heart. The patient’s claims have an articulated reasonable set of facts that could make the medical device maker’s liable for failure to warn. Therefore, the AEMLD, negligence and wantonness claims may proceed, and the patient concedes her warranty claim.
Court: USDC Middle District of Alabama, Judge: Huffaker, Filed On: April 23, 2024, Case #: 2:24cv112, NOS: Personal Injury - Health Care/Pharmaceutical Personal Injury/Product Liability - Torts - Personal Injury, Categories: tort, Negligence, Product Liability
J. Zimmerer finds that the trial court properly denied the city's plea to the jurisdiction in a flight attendant's suit after a slip and fall at Bush Intercontinental Airport. There is a fact issue on the challenged elements of the claim, including the city's knowledge of the alleged dangerous condition. Affirmed.
Court: Texas Courts of Appeals, Judge: Zimmerer, Filed On: April 23, 2024, Case #: 14-23-00319-CV, Categories: tort, Immunity, Jurisdiction
J. Dever grants the U.S. Department of Commerce’s motion to dismiss antitrust and tort claims brought by a former patent examiner. The examiner alleges that the department, her former employer, was unfair in its performance reviews and removed credit for the work she did for it, thereby damaging her career. However, her claims must by dismissed for lack of subject matter jurisdiction because the department retains sovereign immunity.
Court: USDC Eastern District of North Carolina, Judge: Dever, Filed On: April 22, 2024, Case #: 5:23cv495, NOS: Antitrust - Other Suits, Categories: Antitrust, tort, Immunity
J. Milazzo awards a total of $646,000 in damages to a registered nurse on her car collision action against the U.S. Postal Service and its driver. Evidence, including the opinion of an orthopedic surgeon who examined the 36-year-old mother of three young children that the crash aggravated her shoulder complaints and caused a new injury to her neck, supports the award.
Court: USDC Eastern District of Louisiana , Judge: Milazzo, Filed On: April 22, 2024, Case #: 2:23cv241, NOS: Motor Vehicle - Torts - Personal Injury, Categories: tort, Damages, Experts
J. lyle finds that the lower court properly found for the insurer, ruling it does not have a duty to indemnify the food manufacturer in an underlying detinue and conversion suit alleging it wrongly seized another company's manufacturing equipment and refused to return it. The complaint alleges that this conduct was intentionally and done without legal authority, leaving no possibility it was accidental or negligent. Further, the policy does not provide coverage for the tortious interference claims because these claims do not rely on the manufacturer's alleged disparagement of the company to a rival. Affirmed.
Court: Illinois Appellate Court, Judge: Lyle, Filed On: April 19, 2024, Case #: 221396, Categories: tort, Business Practices, Indemnification
Per curiam, the circuit finds the district court properly dismissed the complaint. The clean-up worker associated with the Deepwater Horizon oil spill, never having received notice he was part of the approved medical class, developed heart issues his physicians attributed to weight. The complaint does not plausibly allege that had the worker made a reasonable inquiry at the time of his diagnosis he would likely not have found he was part of the class, or able to show a causal connection between his exposure and symptoms. The claims are untimely.
Court: 5th Circuit, Judge: Per curiam, Filed On: April 19, 2024, Case #: 23-30552, Categories: Health Care, tort, Class Action
J. Kinkeade finds that the employer of a driver who struck and killed a man with her car in the course of her employment while the man was changing a tire on the side of the road is not liable for negligent training and hiring claims but claims against the driver for negligence regarding her being consciously distracted can proceed. There is not sufficient evidence indicating negligence by the company in hiring or training the driver but there is a record that that the driver sent text messages close to the time of the accident. Claims for pain and suffering related to the deceased are denied because evidence shows that he was killed instantly.
Court: USDC Northern District of Texas , Judge: Kinkeade, Filed On: April 19, 2024, Case #: 3:22cv2714, NOS: Motor Vehicle - Torts - Personal Injury, Categories: tort, Vehicle, Wrongful Death
J. Ashe grants a request by Arkansas-based Walmart to dismiss a Florida resident's claim for punitive damages in a slip and fall action. Louisiana law prohibits the award of punitive damages unless they are expressly authorized by statute, and, in this case, that Walmart is a Louisiana domiciliary.
Court: USDC Eastern District of Louisiana , Judge: Ashe, Filed On: April 18, 2024, Case #: 2:23cv7230, NOS: Other Personal Injury - Torts - Personal Injury, Categories: tort, Damages, Choice Of Law
J. Mortensen finds that the trial court improperly dismissed a customer's discrimination claim against a Burger King franchise owner. Respondeat superior vicarious liability applies to the Civil Rights Act and a jury must determine whether a shift supervisor was acting within the scope of her employment when she used racial epithets and enlisted a friend to assault the customer. Reversed.
Court: Utah Court Of Appeals, Judge: Mortensen, Filed On: April 18, 2024, Case #: 20221003-CA, Categories: Civil Rights, tort
J. Halligan answers a certified question by finding that New York law allows personal jurisdiction to be extended when a successor entity entirely assumes a predecessor's assets and liabilities but the parties do not merge. Long-arm jurisdiction had been established over claims contending a foreign bank's U.S. transfers provided assistance to Hezbollah by financing terrorist rocket attacks that harmed U.S. citizens in Israel in 2006. Under the theory of successor jurisdiction, after another foreign bank purchased the assets and liabilities, it also took on the predecessor's specific personal jurisdiction in New York.
Court: New York Court Of Appeals, Judge: Halligan, Filed On: April 18, 2024, Case #: 29, Categories: tort, Terrorism, Jurisdiction
Per curiam, the court of appeals finds that the appellate division properly dismissed slip and fall claims brought against the housing authority because the agency demonstrated it did not create the wet condition that caused the visitor to fall on the stairs and lacked constructive notice of such. Affirmed.
Court: New York Court Of Appeals, Judge: Per curiam, Filed On: April 18, 2024, Case #: 36, Categories: tort
J. Clark finds that the lower court properly held the county responsible for poor road conditions that caused a motorcyclist to be thrown from his bike after losing control of the vehicle. The motorcyclist may have been convicted of DUI, but driving while intoxicated had not been the proximate cause of his injuries, as his traveling companions also had problems controlling their bikes on the same stretch of roadway. Affirmed in part.
Court: New York Appellate Divisions, Judge: Clark, Filed On: April 18, 2024, Case #: 535621, Categories: tort, Vehicle
J. Currault grants a request by a woman injured in a traffic accident with the driver of a truck owned by a holding company, compelling disclosure of the individual owners of all members of its limited liability corporations. The holding company’s responses are insufficient, and the citizenship of the truck’s owners is a “fundamental threshold issue” that must be addressed. “Although this may be a case in which sealing the identities of upstream owners may be justified,” the holding company must provide the litigant with a redacted list of individuals or entities.
Court: USDC Eastern District of Louisiana , Judge: Currault, Filed On: April 18, 2024, Case #: 2:22cv480, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Civil Procedure, tort, Discovery
Per curiam, the appellate division finds that the lower court improperly denied the police officer's petition to serve a late notice of claim on the city in a slip and fall suit. The officer's line-of-duty injury report provided the city timely notice of the essential facts constituting the claim. Reversed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: April 17, 2024, Case #: 02058, Categories: Civil Procedure, tort
Per curiam, the appellate division finds that the lower court properly denied the summer camp's motion to dismiss claims that a camper was sexually abused by a coach while attending football camp in the 1970s. The camper was a resident of New York at the time of the alleged abuse, so he can avail himself of the extended statute of limitations under the Child Victims Act even if the camp was located in Vermont and Massachusetts. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: April 17, 2024, Case #: 02074, Categories: tort, Jurisdiction