40 results for 'nos:"Motor Vehicle Product Liability - Torts - Personal Injury"'.
J. Matsumo rules on a series of motions in limine in a personal injury product liability lawsuit against BMW, who was sued by a driver who says his right thumb was partially amputated when his 2013 BMW X5’s Soft Close Automatic door technology suddenly activated. The litigant is allowed to produce photographs of his injury as well as evidence related to a prior recall issued by BMW regarding the door closing tech, while BMW can present evidence to bolster its argument that external factors caused his injuries, but may not present evidence showing the vehicle manufacturer’s compliance with federal safety regulations, finding the information irrelevant.
Court: USDC Eastern District of New York, Judge: Matsumoto, Filed On: April 8, 2024, Case #: 2:17cv209, NOS: Motor Vehicle Product Liability - Torts - Personal Injury, Categories: Evidence, Tort, Product Liability
J. Richardson grants the Nissan defendant's motion to compel arbitration in this class action. The court concludes that the "dispute over arbitrability has been delegated to the arbitrator" as it relates to the specific customer at issue. Also, the company's dismissal motion is denied as moot, though it can refile "with arguments specific to the plaintiffs actively before the Court."
Court: USDC Middle District of Tennessee , Judge: Richardson, Filed On: March 31, 2024, Case #: 3:22cv830, NOS: Motor Vehicle Product Liability - Torts - Personal Injury, Categories: Arbitration, Civil Procedure, Class Action
J. Kugler allows plaintiffs to continue certain claims contending that in-vehicle infotainment systems failed to provide "seamless navigation" or "extra safety" as advertised. The drivers hail from six different states, and choice-of-venue determinations could directly impact the certifiability of the proposed class action. Meanwhile, plaintiffs sufficiently alleged under state law that they had been sold defective software systems without their knowledge.
Court: USDC New Jersey, Judge: Kugler , Filed On: March 26, 2024, Case #: 1:23cv1897, NOS: Motor Vehicle Product Liability - Torts - Personal Injury, Categories: Unfair Competition, Choice Of Law, False Advertising
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J. Trauger partially grants the two dismissal motions in this class action concerning an "allegedly defective fuel injection pump" contained in certain Nissan vehicles. The economic loss doctrine bars the fraudulent omission claims under Florida and Texas law. Also, under Florida law, the claim for breach of the implied warranty of merchantability will be dismissed for lack of privity.
Court: USDC Middle District of Tennessee , Judge: Trauger, Filed On: February 27, 2024, Case #: 3:23cv261, NOS: Motor Vehicle Product Liability - Torts - Personal Injury, Categories: Vehicle, Product Liability, Class Action
J. Reidinger denies the passenger in a car collision his motion to voluntarily dismiss the court’s exclusion of expert testimony he brought against a car manufacturer. The manufacturer claims the expert’s testimony is flawed because his recreation of the collision was inaccurate. Also, a voluntary dismissal would not take into account the significant expense the manufacturer has paid in service of the litigation so far. Thus, the motion is denied, but the expert will be allowed to recreate the crash study and submit it to the manufacturer at the expense of the passenger.
Court: USDC Western District of North Carolina, Judge: Reidinger, Filed On: February 16, 2024, Case #: 1:23cv112, NOS: Motor Vehicle Product Liability - Torts - Personal Injury, Categories: Evidence, Vehicle, Experts
J. Dimke denies Daimler Truck's motion for a protective order over questions such as where the company placed "safety" among other criteria, as part of the family's suit accusing Daimler of not equipping its semi-truck with collision warnings and automatic emergency braking, resulting in the truck driver hitting and killing a pedestrian. Daimler argues that topics 1 through 4 should be limited at deposition because they seek information to leverage a juror to artificially increase a damages award, but its compliance with industry safety customs and ensuring its products were safe are relevant to this case.
Court: USDC Eastern District of Washington, Judge: Dimke, Filed On: February 2, 2024, Case #: 1:23cv3054, NOS: Motor Vehicle Product Liability - Torts - Personal Injury, Categories: Product Liability, Wrongful Death, Discovery
J. Thrash grants the manufacturer's motion to transfer venue of a product liability and negligence action brought by the driver to the western district of North Carolina. The action arose after the driver suffered injuries which left him paralyzed from the chest down when his vehicle's driver seat head restraint broke in a collision. The dealership, the only Georgia resident, was fraudulently joined to the action and the driver's motion to remand the case is denied. The driver failed to state a valid negligence claim against the dealership because he failed to allege that it must have known of the seat's purported design defect. The underlying collision occurred in North Carolina and all the witnesses to the collision reside there.
Court: USDC Northern District of Georgia, Judge: Thrash, Filed On: January 24, 2024, Case #: 1:23cv4420, NOS: Motor Vehicle Product Liability - Torts - Personal Injury, Categories: Product Liability, Venue
J. Lasnik denies the United States' motion to dismiss the grandfather's complaint alleging that a diseased Douglas fir in the Olympic National Park fell onto his vehicle in January 2017, injuring the grandfather, killing his wife and paralyzing one of his grandchildren. The United States argues that the claims are untimely, but the grandfather and his family actively searched for a way to bring the United States into this lawsuit as it submitted two Freedom of Information Act requests to the National Parks Service in March 2017, which potentially entitles them to a tolling of the statute of limitations.
Court: USDC Western District of Washington, Judge: Lasnik, Filed On: January 16, 2024, Case #: 2:19cv2070, NOS: Motor Vehicle Product Liability - Torts - Personal Injury, Categories: Government, Vehicle, Product Liability
J. Reidinger grants in part a vehicle manufacturer’s motion for summary judgment following allegations of negligence brought by a passenger after he was paralyzed from the waist down when the car crashed into a creek. The passenger argues that the manufacturer’s claim of contributory negligence, based on his and the driver’s intoxication, isn’t a defense because the car’s defects injured him more severally than he would’ve been otherwise. Because it can’t be determined under contributory negligence whether the passenger knew or should have known that the driver was drunk, the manufacturer fails to show that there is no genuine issue in terms of material fact.
Court: USDC Western District of North Carolina, Judge: Reidinger, Filed On: January 12, 2024, Case #: 1:23cv112, NOS: Motor Vehicle Product Liability - Torts - Personal Injury, Categories: Vehicle, Negligence, Product Liability
J. Drozd denies, in part, Toyota’s motion to dismiss a putative class action pertaining to allegedly defective sunroofs in 2021 RAV4 vehicles. The consumer has adequately pleaded their warranty and unjust enrichment claims.
Court: USDC Eastern District of California, Judge: Drozd, Filed On: January 8, 2024, Case #: 2:23cv1464, NOS: Motor Vehicle Product Liability - Torts - Personal Injury, Categories: Vehicle, Warranty, Class Action
J. Sweazea denies in part the injured driver's motion to compel, ruling the tire manufacturer is entitled to consulting expert privilege on discovery requests for the identifies of and evidence produced by reconstruction experts, all of which might be used at trial.
Court: USDC New Mexico, Judge: Sweazea, Filed On: December 11, 2023, Case #: 2:22cv89, NOS: Motor Vehicle Product Liability - Torts - Personal Injury, Categories: Product Liability, Discovery, Privilege
J. Whelan denies the consumer's motion to remand his warranty complaint alleging that his 2020 Chevrolet Bolt had defects that GM was unable to fix. GM provides evidence that the vehicle is worth $38,000. Because attorney fees in a case such as this are likely to be around $50,000, the total actual damages at issue meet the $75,000 threshold for federal jurisdiction.
Court: USDC Southern District of California, Judge: Whelan, Filed On: November 29, 2023, Case #: 3:23cv1556, NOS: Motor Vehicle Product Liability - Torts - Personal Injury, Categories: Product Liability, Jurisdiction, Warranty
J. Whelan denies a consumer's motion to remand warranty claims against General Motors. The consumer's complaint "goes beyond merely requesting the Song-Beverly Act's civil penalties" and instead "makes numerous allegations of willful misconduct." If these allegations are proven true, the civil penalty award could total as high as $28,000. This amount combined with the actual damages and potential attorney fees at issue would more than exceed the $75,000 threshold for jurisdiction.
Court: USDC Southern District of California, Judge: Whelan, Filed On: November 28, 2023, Case #: 3:23cv1554, NOS: Motor Vehicle Product Liability - Torts - Personal Injury, Categories: Jurisdiction, Warranty
J. Bernal denies General Motors' motion to dismiss a consumer's allegations that GM falsely claimed the Chevrolet Bolt was safe and functional, when they knew of battery defects that led to a recall notice "stating that its batteries may ignite when nearing a full charge" and warning that mileage should not fall below 70 miles remaining and the vehicle should not be parked indoors overnight due to battery defects. The consumer alleges that GM had a duty to disclose that the battery was unsafe at the time of purchase and that if he had known of these defects, he would not have bought the car. The consumer is granted leave to amend his fraud claims, therefore GM's motion to dismiss is denied as moot.
Court: USDC Central District of California, Judge: Bernal, Filed On: November 15, 2023, Case #: 5:23cv1715, NOS: Motor Vehicle Product Liability - Torts - Personal Injury, Categories: Product Liability
J. Trauger partially grants Nissan's dismissal motion in this lawsuit concerning a certain type of transmission included in particular Nissan vehicles. The vehicle owners contend that the "continuously variable transmission" was defective. The court will dismiss the claim under the Florida Deceptive and Unfair Trade Practices Act as untimely. Also, some of the states involved "require privity between parties in order for a plaintiff to assert a claim for breach of implied warranty for economic losses," and those claims will be dismissed accordingly.
Court: USDC Middle District of Tennessee , Judge: Trauger, Filed On: November 6, 2023, Case #: 3:22cv709, NOS: Motor Vehicle Product Liability - Torts - Personal Injury, Categories: Vehicle, Product Liability, Warranty
J. Boardman grants summary judgment to Subaru on a renter’s product liability claims alleging that his left hand was severely injured when the Subaru Outback he was driving deployed its airbags. The driver’s theory does not point out a precise defect in the airbag system, and his expert did not pick one out either, so the system was reasonably safe, not defective.
Court: USDC Maryland, Judge: Boardman, Filed On: September 28, 2023, Case #: 8:20cv2164, NOS: Motor Vehicle Product Liability - Torts - Personal Injury, Categories: Vehicle, Negligence, Product Liability
J. Bloom denies auto manufacturer Volkswagen dismissal of product liability claims because plaintiff, the owner of an Audi AG, sufficiently pleaded the seat belt crushed his chest after being triggered by "pre sense technology" falsely triggered by bicyclists who passed near the vehicle.
Court: USDC Southern District of Florida, Judge: Bloom, Filed On: August 15, 2023, Case #: 1:22cv21585, NOS: Motor Vehicle Product Liability - Torts - Personal Injury, Categories: Vehicle, Negligence, Product Liability