6 results for 'cat:"Transportation" AND cat:"Vehicle"'.
J. Morales finds that a company involved in a transportation contract, who did not employ the driver or own the truck involved in a fatal collision, is liable as a “statutory employer” for damages resulting from the collision. The fact that there are other liable employers involved in the contract does not insulate the company from liability. The court grants the suing party, family of the deceased motorist, summary judgment the regarding statutory liability claim.
Court: USDC Southern District of Texas, Judge: Morales, Filed On: March 29, 2024, Case #: 2:19cv94, NOS: Motor Vehicle - Torts - Personal Injury, Categories: transportation, vehicle, Wrongful Death
J. Devaney finds that the circuit court properly rejected the South Dakota Department of Transportation's claims that a car collision and personal injury matter were barred. A driver rolled his pickup while driving on a portion of Highway 45 that was being resurfaced. He brought suit against the contractor responsible for the resurfacing project and against the South Dakota Department of Transportation. The portion of the court’s denial of summary judgment relating to the precautionary measures the driver alleged the Department should have taken is reversed. The matter is remanded for further proceedings. Affirmed in part.
Court: South Dakota Supreme Court, Judge: Devaney , Filed On: December 21, 2023, Case #: 2023SD66, Categories: transportation, vehicle
Per curiam, the court of appeals conditionally grants the oil and gas petitioners' request for a writ of mandamus directing the trial court to grant them leave to designate the Texas Department of Transportation as a responsible third party in this suit arising from a motor vehicle accident. The court abused its discretion by denying the motion. Allowing a case to proceed to trial without a properly requested responsible-third-party designation defeats the right to have a jury determine proportionate responsibility of all potential responsible parties. The oil and gas entities lack adequate remedy by appeal.
Court: Texas Courts of Appeals, Judge: Per curiam, Filed On: September 21, 2023, Case #: 09-23-00189-CV, Categories: transportation, vehicle, Due Process
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
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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