34 results for 'cat:"Vehicle" AND cat:"Jurisdiction"'.
J. Pulliam remands a car accident lawsuit to state court because, while there is a genuine factual dispute over who owns a cab involved in the accident, the court at this point “must resolve all factual issues, doubts as to the propriety of removal, and ambiguities in favor of” the suing parties, and this federal court therefore lacks jurisdiction.
Court: USDC Western District of Texas , Judge: Pulliam, Filed On: May 15, 2024, Case #: 5:24cv320, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Tort, vehicle, jurisdiction
J. Bahr finds that the district court improperly granted summary judgment to a business in a matter involving a vehicle which struck a pedestrian in front of the business. The court treated the individual's request to adopt a stipulation as a type of motion which it holds no jurisdiction over. The district court misapplied the law when it treated the request as the motion in question. Reversed.
Court: North Dakota Supreme Court, Judge: Bahr, Filed On: May 2, 2024, Case #: 2024ND81, Categories: vehicle, jurisdiction
J. Simons finds that the trial court lacked jurisdiction to order restitution after the end of defendant's probation on a hit-and-run conviction. Where a restitution order is for losses caused by a collision and not for the criminal act of leaving the scene, the order is a condition of probation and jurisdiction may not extend beyond the termination of probation. Reversed.
Court: California Courts Of Appeal, Judge: Simons, Filed On: April 25, 2024, Case #: A167703, Categories: Restitution, vehicle, jurisdiction
J. Cook grants a driver’s motion to vacate a lower court order declining to dismiss personal injury claims against him stemming from a motor vehicle accident. The driver lives in another state and the motor-vehicle collision at issue occurred in Mississippi, so the lower court lacks jurisdiction.
Court: Alabama Supreme Court, Judge: Cook, Filed On: March 8, 2024, Case #: SC-2023-0550, Categories: vehicle, Damages, jurisdiction
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J. Pohlman finds that the appeals court properly held that it lacked jurisdiction to hear defendant's appeal of a conviction for failure to yield to an emergency vehicle. Though appellate review is available even without an explicit district court ruling on a statute's constitutionality, he did not adequately raise his due process argument at trial such that the appeals court could find that the district court had made an implicit ruling on the statute's constitutionality. Affirmed.
Court: Utah Supreme Court, Judge: Pohlman, Filed On: February 8, 2024, Case #: 20230112, Categories: vehicle, jurisdiction, Due Process
J. Pate grants the suing driver motion to remand his vehicle collision claims back to the circuit court of Macon County, Alabama. The sued driver had this case removed alleging diversity jurisdiction, but has not met the burden of proof nor has he shown preponderance of evidence.
Court: USDC Middle District of Alabama, Judge: Pate, Filed On: February 2, 2024, Case #: 3:23cv654, NOS: Motor Vehicle - Torts - Personal Injury, Categories: vehicle, Negligence, jurisdiction
[Consolidated.] J. Robinson finds that the district court properly held that a truck driver injured in a car collision in New York could not recover underinsured motorist damages when his employer's insurer failed to provide coverage. New York law requires insurers to offer supplemental coverage to in-state insureds, but statute does not support plaintiff's effort to reform the contract to include such. Meanwhile, questions must be certified to the Indiana Supreme Court concerning coverage laws in that state, where the truck was registered. Affirmed in part.
Court: 2nd Circuit, Judge: Robinson, Filed On: January 23, 2024, Case #: 22-863(L), Categories: Insurance, vehicle, jurisdiction
J. Coogler grants the school district, its board members and two bus drivers’ motion to dismiss this denial of access to courts and racial discrimination claims stemming from a car collision. Two Black women allege that a bus driver was being trained by another when the bus veered over and ran the vehicle off the road hitting a concrete barrier. The women state they would have received better treatment if they were white but, fail to support the inference of discrimination. The court denies exercising supplement jurisdiction over this case.
Court: USDC Northern District of Alabama , Judge: Coogler, Filed On: January 18, 2024, Case #: 7:23cv1082, NOS: Other Personal Injury - Torts - Personal Injury, Categories: vehicle, Negligence, jurisdiction
J. Longoria finds that the lower court properly denied the appellant company's second amended special appearance in this lawsuit stemming from an automobile accident that allegedly arose from a fuel pump failure. The allegations are sufficient to bring the defendant company, which is a South Korean automobile parts manufacturer, "under the long-arm statute." Affirmed.
Court: Texas Courts of Appeals, Judge: Longoria, Filed On: November 30, 2023, Case #: 13-22-00176-CV, Categories: vehicle, Product Liability, jurisdiction
J. Palafox finds a lower court ruled correctly in denying special appearance in a lawsuit stemming from a car crash. The trucking company argued this court did not have jurisdiction over the matter, but in fact the trucking company “purposefully availed itself of the privilege of conducting activities in Texas” and had the minimum contacts necessary for this court to have jurisdiction. Affirmed.
Court: Texas Courts of Appeals, Judge: Palafox, Filed On: October 19, 2023, Case #: 08-23-00052-CV, Categories: vehicle, Damages, jurisdiction
J. Palafox finds a lower court ruled correctly in denying special appearance in a lawsuit stemming from a car crash. The trucking company argued this court did not have jurisdiction over the matter, but in fact the trucking company “purposefully availed itself of the privilege of conducting activities in Texas” and had the minimum contacts necessary for this court to have jurisdiction. Affirmed.
Court: Texas Courts of Appeals, Judge: Palafox, Filed On: October 19, 2023, Case #: 08-23-00066-CV, Categories: vehicle, Damages, jurisdiction
Per curiam, the appeals court grants the trucking companies’ petition for a writ of mandamus challenging the trial courts denial of their motion to transfer venue in this suit regarding a chain-reaction accident which resulted in the death of a driver. The driver who was first rear-ended filed suit against a third driver who struck the first drivers while they were disabled on the side of the road. The owner of the first at-fault vehicle and the estate of that driver were added as third-party defendants. This case was transferred to the county where a fourth driver’s lawsuit was already pending. Venue is proper in that county as a substantial part of the events occurred there, and all parties agreed to the transfer. The court abused its discretion by denying the request to transfer.
Court: Texas Courts of Appeals, Judge: Per curiam, Filed On: October 11, 2023, Case #: 12-23-00210-CV, Categories: vehicle, jurisdiction
J. Johnston denies the motion of the transportation company and logistics staffing service to dismiss, sever and transfer venue of the Kentucky man's suit claiming injuries he sustained were caused by his car crashing through a guardrail and going into a deep ravine in an attempt to avoid colliding with the operator of a tractor trailer that performed an abrupt, illegal U-turn in front of him. In addition to the companies having the "minimum contacts" in West Virginia to establish personal jurisdiction, severing the claims and transferring them to another jurisdiction would "fracture the case and create potentially overlapping and contradicting proceedings."
Court: USDC Southern District of West Virginia, Judge: Johnston, Filed On: September 15, 2023, Case #: 2:22cv275, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Tort, vehicle, jurisdiction
J. Schroeder grants a commercial shipping firm its motion to transfer a suit against it after one of it drivers allegedly crashed into a motorist’s car, causing significant damage including claims of over $106,000 in medical expenses. Also, the motorist’s motion to remand this case is denied because she and her counsel previously had not objected to the suit’s removal to federal court. As she originally filed suit in the wrong county, the firm’s motion to transfer to the Western District of North Carolina is approved because the motorist lives there and the collision happened there.
Court: USDC Middle District of North Carolina, Judge: Schroeder, Filed On: September 9, 2023, Case #: 1:23cv382, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Tort, vehicle, jurisdiction
J. Gonzalez grants the Missouri-based logistics company's motion to dismiss, ruling that while it brokered the freight load involved in the fatal accident, it did not employ the driver or direct the route of the shipment and, therefore, does not have the required business contacts in the state to grant this court jurisdiction under the New Mexico long-arm statute.
Court: USDC New Mexico, Judge: Gonzalez, Filed On: September 5, 2023, Case #: 1:22cv599, NOS: Motor Vehicle - Torts - Personal Injury, Categories: vehicle, Negligence, jurisdiction
J. Reidinger denies two motorists their motion to remand a suit they brought against another pair of motorists who collided with their car, causing damage and injuries. The pair who caused the crash removed the case from state to federal district court, and the injured party argues the case should be remanded. However, the pair who injured the other correctly maintains that because the parties are from different states and the amount in controversy exceeds $75,000, the case must remain in the federal district court.
Court: USDC Western District of North Carolina, Judge: Reidinger, Filed On: August 28, 2023, Case #: 1:23cv109, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Insurance, vehicle, jurisdiction
J. Rodriguez finds that a lower court improperly denied a plea to the jurisdiction and a motion to dismiss brought by the city of El Paso and other public entities after they were sued by a citizen who was involved in a car accident with a public employee. While that employee ran into a parked car owned by the citizen, he was already off of work for the day and therefore was not working as a public agent at the time of the accident. Reversed.
Court: Texas Courts of Appeals, Judge: Rodriguez, Filed On: July 26, 2023, Case #: 08-23-00071-CV, Categories: vehicle, Immunity, jurisdiction
J. Marks remands a group of individuals' negligence action against a freight hauler arising from a vehicle accident in which a tractor-trailer rear-ended a car, killing all eight minors in the vehicle. The negligent hiring and vicarious liability state law claims are not preempted by the Federal Aviation Administration Authorization Act and, therefore, the district court lacks federal-question jurisdiction.
Court: USDC Middle District of Alabama, Judge: Marks, Filed On: July 12, 2023, Case #: 2:23cv90, NOS: Commerce - Other Suits, Categories: vehicle, Negligence, jurisdiction
J. Marks remands a group of individuals' negligence action against a freight hauler arising from a vehicle accident in which a tractor-trailer rear-ended a car, killing all eight minors in the vehicle. The negligent hiring and vicarious liability state law claims are not preempted by the Federal Aviation Administration Authorization Act and, therefore, the district court lacks federal-question jurisdiction.
Court: USDC Middle District of Alabama, Judge: Marks, Filed On: July 12, 2023, Case #: 2:23cv104, NOS: Commerce - Other Suits, Categories: vehicle, Negligence, jurisdiction
J. Marks remands a group of individuals' negligence action against a freight hauler arising from a vehicle accident in which a tractor-trailer rear-ended a car, killing all eight minors in the vehicle. The negligent hiring and vicarious liability state law claims are not preempted by the Federal Aviation Administration Authorization Act and, therefore, the district court lacks federal-question jurisdiction.
Court: USDC Middle District of Alabama, Judge: Marks, Filed On: July 12, 2023, Case #: 2:23cv167, NOS: Commerce - Other Suits, Categories: vehicle, Negligence, jurisdiction
J. Marks remands an individual's negligence action against a freight hauler arising from a vehicle accident in which a tractor-trailer rear-ended a car, killing all eight minors in the vehicle. The negligent hiring and vicarious liability state law claims are not preempted by the Federal Aviation Administration Authorization Act and, therefore, the district court lacks federal-question jurisdiction.
Court: USDC Middle District of Alabama, Judge: Marks, Filed On: July 12, 2023, Case #: 2:23cv103, NOS: Commerce - Other Suits, Categories: vehicle, Negligence, jurisdiction
J. Miller-Lerman dismisses the conservator's appeal of the county court's authorization of a settlement with the insurance carrier of the driver of a vehicle in which the minor passenger was injured from a collision with a school bus. The conservator sought an order vacating the settlement authorization on the grounds that it limited the minor's recovery against non-settling parties, and now appeals the court's denial of that motion. The conservator’s motion was a request for rescission of contract sounding in equity over which neither the county court nor the Nebraska Supreme Court have jurisdiction. Vacated.
Court: Nebraska Supreme Court, Judge: Miller-Lerman, Filed On: June 30, 2023, Case #: S-22-239, Categories: Insurance, vehicle, jurisdiction