13 results for 'judge:"Moorer"'.
J. Moorer grants, in part, Walmart’s motion for summary judgment in a customer’s slip-and-fall lawsuit. She argues that Walmart’s employees should have discovered the produce bag she slipped on, as it was a hazard on the premises. She gives up her wantonness and negligent hiring claims, so Walmart wins summary judgement on them. Only her negligence remains, as well as her husband’s loss of consortium claim.
Court: USDC Southern District of Alabama, Judge: Moorer, Filed On: April 17, 2024, Case #: 1:22cv391, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Civil Procedure, Negligence, Premises Liability
J. Moorer grants, in part, a bank’s motion for summary judgment in this wrongful foreclosure dispute. The borrower alleges that her signature if forged and that the bank failed to properly notify her of the default, acceleration and foreclosure. The bank alleges the borrower failed to establish enough evidence of her claims. The court concludes the borrower does show enough authenticity of her signature being forged. Therefore, the quiet title claim is denied, and all others are granted.
Court: USDC Southern District of Alabama, Judge: Moorer, Filed On: March 22, 2024, Case #: 2:22cv144, NOS: All Other Real Property - Real Property, Categories: Real Estate, Banking / Lending, Foreclosure
J. Moorer denies, in part, State Farm’s motion for summary judgement on claims related to bad-faith denial of coverage for damage caused by Hurricane Sally. The homeowner has sufficient evidence that the damage repairs were necessary and reasonably priced. The homeowner conceded the bad faith claim and summary judgment will be granted. The court denies the insurance company’s motion to exclude two expert testimonies. The qualifications of both experts go to evidence and can be addressed during cross-examination.
Court: USDC Southern District of Alabama, Judge: Moorer, Filed On: January 22, 2024, Case #: 1:22cv343, NOS: Insurance - Contract, Categories: Insurance, Experts
J. Moorer grants a uniform services company’s motion for summary judgement in this lawsuit brought by a customer that was allegedly injured in a trip and fall. The majority of the uniform company’s arguments seem to pertain to Buc-ee’s, a regional rest stop chain, owing a duty of defense or indemnification. Therefore, the remaining claims for negligence against the uniform firm are dismissed.
Court: USDC Southern District of Alabama, Judge: Moorer, Filed On: January 2, 2024, Case #: 1:20cv538, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Indemnification, Premises Liability
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J. Moorer grants a citizen’s motion for remand back to the circuit court of Conecuh County in this negligence, wantonness, Alabama Extended Manufacturer’s Liability Doctrine and breach of implied warranty claims lawsuit against a group of manufactures. The manufacturer did not show evidence by preponderance in a controversy exceeding the jurisdictional requirement of $75,000.
Court: USDC Southern District of Alabama, Judge: Moorer, Filed On: December 1, 2023, Case #: 1:23cv98, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Negligence, Jurisdiction, Discovery
J. Moorer finds in favor of the insurer for breach of contract in the insured's complaint for coverage of a vehicle accident. The insured's daughter was not a listed driver on the policy and had lived in the home for more than 90 days when she was involved in a vehicle accident. The policy stated that the insurer "will not pay for damage resulting from a collision if the vehicle is being operated by an unlisted driver – i.e., a driver residing in your household longer than 90 days and not listed on the policy."
Court: USDC Southern District of Alabama, Judge: Moorer, Filed On: November 17, 2023, Case #: 1:22cv355, NOS: Insurance - Contract, Categories: Insurance, Contract
J. Moorer grants. in part, the Buc-ee’s convenience store chain’s motion for summary judgement and denies a uniform services company’s motion for summary judgement in this lawsuit brought by a customer that was allegedly injured in this trip and fall claim. Buc-ee’s fails to show any disputing evidence as to the employee’s tortious conduct of the negligence, recklessness and wantonness claims. The majority of the uniform company’s arguments seem to pertain to Buc-ee’s may owe a duty of defense or indemnification. Therefore, the remaining claims for trial are negligence and premises liability against Buc-ee’s and negligence against the uniform firm.
Court: USDC Southern District of Alabama, Judge: Moorer, Filed On: November 9, 2023, Case #: 1:20cv538, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Negligence, Indemnification, Premises Liability
J. Moorer remands a couple's negligence and warranty case against a timber company and others to state court. The company's removal of the action was untimely, as it was clear from the initial complaint the amount in controversy exceeded $75,000.
Court: USDC Southern District of Alabama, Judge: Moorer, Filed On: May 23, 2023, Case #: 1:22cv516, NOS: Tort Product Liability - Real Property, Categories: Negligence, Jurisdiction, Warranty