144 results for 'cat:"Negligence" AND cat:"Contract"'.
J. Hughes finds that the district court should not have denied a store owner’s motion for summary judgment on a wrongful death action filed by the family of a decedent who was shot and killed in the store parking lot. When the decedent and the shooter got into an argument they were not acting as store patrons, and when the decedent slapped the shooter, he committed the crime of battery to which the store owner had the duty to protect its current patrons from. The family did not show that the store owner owed a duty to protect the decedent from the shooter. Reversed.
Court: Louisiana Supreme Court, Judge: Hughes, Filed On: May 10, 2024, Case #: 2023-CC-00955, Categories: negligence, contract
J. Barnes finds the district court improperly found in favor of the insurance claimant. The adult son was injured in an accident arising from his mother's loss of control of her vehicle and filed a negligence suit against her. She filed a third-party petition against the insurer alleging breach of contract and bad faith, and was awarded compensatory and punitive damages, as well as attorney fees. The mother's argument the insurer failed to indemnify her because it denied coverage prior to suit is without merit. There is no basis for her claim the insurer breached its duty of good faith and fair dealing. Reversed.
Court: Oklahoma Courts Of Appeal, Judge: Barnes , Filed On: May 9, 2024, Case #: 120117, Categories: Insurance, negligence, contract
J. Davis grants the contracted hauling company's motion to dismiss. The logistics company hired the hauling company to deliver batteries overland from Virginia to a Canadian buyer. The hauling company then contracted a warehouse to store the batteries temporarily. The batteries suffered physical and wetness damage due to the collapse of the warehouse's outer wall and the water discharged from a burst pipe. The Interstate Commerce Commission Termination Act preempts the state negligent hiring claim because the state is barred from enacting or enforcing laws related to the price, route, or service of any motor carrier.
Court: USDC Eastern District of Virginia, Judge: Davis, Filed On: May 7, 2024, Case #: 4:23cv153, NOS: Other Contract - Contract, Categories: Transportation, negligence, contract
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J. Silva grants the underwriter's motion for summary judgment. Injury claims were brought against the party rental company after its "trackless train" ride turned over when the driver took it down a steep decline. The company's business license was expired at the time of the accident and the underwriter declined coverage. Nothing in the record disputes the underwriter learned of the company's lack of license after the accident, and that it then stopped collecting premiums. The underwriter did not waive its right to cancel coverage prior to defending the claim.
Court: USDC Nevada, Judge: Silva , Filed On: May 3, 2024, Case #: 2:22cv1884, NOS: Insurance - Contract, Categories: Insurance, negligence, contract
J. Wright finds the trial court properly entered summary judgment in favor of the wind turbine manufacturer. The dock worker fell from a man basket while unloading turbine blades from a ship and claims the manufacturer's negligent right of control over the details of the work led to his injury. The contract established the worker's employer was an independent contractor on the jobsite. The worker failed to meet his burden to establish the manufacturer controlled or had the right to control the work he was performing. Affirmed.
Court: Texas Courts of Appeals, Judge: Wright , Filed On: May 2, 2024, Case #: 09-21-00177-CV, Categories: Tort, negligence, contract
J. Reiss denies a third-party investment company’s motion to reconsider the court’s order denying its motion to stay discovery in this negligence and contract dispute between Vermont’s financial regulation agency and an accounting firm. The investment company’s former managing member’s motion for reconsideration is granted, however, in seeking stay, the investment company and managing member failed to submit a copy of the criminal indictment that contained false financial statements in an insurer’s liquidation. The managing member’s request for adverse inference immunity is denied as moot. The accounting firm requested a motion to compel, but only the investment company is compelled to comply with the discovery schedule. Its request for attorney fees and cost are denied at this stage but, the court warns the investment company that further non-compliance may result in sanctions.
Court: USDC Vermont, Judge: Reiss, Filed On: April 26, 2024, Case #: 2:21cv273, NOS: Other Contract - Contract, Categories: negligence, Discovery, contract
J. Molaison finds that the trial court properly found for a supply company on a worker's negligence claim that a shifting pipe fell on his foot during a
hydro pressure test at the pump station. The worker alleged that the supply company was responsible for ordering necessary “Star Pipe connections” but did not allege a product defect, only that the construction used incorrect parts. The supply company's undisputed role consisted of identifying parts for the project at issue from the project designer and did not supervise or install the pipe. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Molaison, Filed On: April 24, 2024, Case #: 23-CA-424, Categories: Construction, negligence, contract
J. Rodriguez partially grants a subcontractor’s motion to dismiss after it was sued by a company that had contracted it for IT work, which said that the subcontractor did not have “the specialized knowledge to develop the IT system” as it claimed and had other irregularities in its work, including double billing and improper installation. While the hiring company can proceed with its lawsuit, it cannot bring claims under the Computer Fraud Abuse Act, as even under the suing company's version of events, the subcontractor “had at least some authorization to access the IT system at issue.”
Court: USDC Western District of Texas , Judge: Rodriguez, Filed On: April 23, 2024, Case #: 5:23cv1038, NOS: Other Contract - Contract, Categories: negligence, contract, Technology
J. Cole grants, in part, the credit card services company's motion to dismiss, ruling the unjust enrichment claim filed by the client must be dismissed. It is duplicative of the contract claim, while the client's negligence claim also fails because any duties breached by the services company stem from the parties' contract and, therefore, are covered by the contract claim in the complaint.
Court: USDC Southern District of Ohio, Judge: Cole, Filed On: April 19, 2024, Case #: 1:24cv163, NOS: Other Contract - Contract, Categories: negligence, Banking / Lending, contract
J. Gallagher grants Southwest’s motion to dismiss this employment dispute brought by a former employee alleging breach of contract, hostile work environment, disability and race discrimination, failure to accommodate and violations of the Maryland Healthy Working Families Act. The employee alleges she was terminated for giving a coworker her username and password, as a supervisor suggested, and calling in sick from jail. Southwest alleges the breach of contract claim is preempted by the Railway Labor Act for disputes between rail and airline workers of a collective bargaining agreement. The employee fails to state a plausible claim to her hostile work environment, disability and race discrimination, failure to accommodate and the Maryland law. Therefore, all claims are dismissed without prejudice, except the breach of contract and it is dismissed with prejudice.
Court: USDC Maryland, Judge: Gallagher, Filed On: April 18, 2024, Case #: 1:23cv2980, NOS: Employment - Civil Rights, Categories: Employment, negligence, contract
J. Martinez awards the shipyard $959,100 in attorney fees and costs after it was awarded $40,000 for its negligence counterclaim against the towing service. The parties' tow agreement clearly and separately provides that the prevailing party may obtain attorney fees. However, certain "write-off" fees are reduced from the shipyard's request for $1.4 million in fees, and a further 20% reduction is appropriate "due to the disproportionality between the fee request and damages awarded at trial."
Court: USDC Western District of Washington, Judge: Martinez, Filed On: April 5, 2024, Case #: 2:20cv416, NOS: Other Contract - Contract, Categories: negligence, Attorney Fees, contract
J. Moon denies the fire safety company's motion to dismiss contract claims. After a fire started in a kitchen covered by the insurance company, the fire safety company's fire impression system did not discharge, the alarm sensor did not alert the local fire department, and the sprinklers took 45 minutes to start working. The insurance company has pled enough facts that was owed an obligation to have functioning equipment.
Court: USDC Western District of Virginia, Judge: Moon, Filed On: March 28, 2024, Case #: 6:23cv33, Categories: Insurance, negligence, contract
J. Soto finds a lower court did not err in denying a doctor’s motion for no-evidence summary judgment after he was sued by a patient for medical negligence. The doctor argues the patient was in fact treated by a physician assistant, but he “was the only physician” in the emergency department at the time and is listed on some of the patient’s medical documents, and therefore the patient has raised a genuine dispute “as to the existence of a physician–patient relationship.”
Court: Texas Courts of Appeals, Judge: Soto, Filed On: March 27, 2024, Case #: 08-23-00079-CV, Categories: negligence, Medical Malpractice, contract
J. Brimmer allows plaintiff to continue pro se claims disputing a laboratory's methods for collecting DNA related to a paternity test because the lab was not entitled to absolute immunity since it failed to cite precedent in which a court had granted absolute immunity to a medical laboratory or a doctor that had performed such a test.
Court: USDC Colorado, Judge: Brimmer, Filed On: March 27, 2024, Case #: 1:23cv2077, NOS: Other Contract - Contract, Categories: Immunity, negligence, contract
J. Brnovich grants a city's motion for judgment on the pleadings concerning a bar owner who surrendered her liquor license after two detectives launched an "impromptu liquor inspection," which she alleges led to an "unbelievably false report." The city sufficiently showed in court that it revoked her license for violating zoning ordinances, and not because she is a Black business owner.
Court: USDC Arizona, Judge: Brnovich, Filed On: March 27, 2024, Case #: 2:23cv752, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, negligence, Interference With contract
J. Griffin finds that an architect and contract administrator do not have a duty to protect an employee of a subcontractor from injury under the parties' construction contract. Under the clear and unambiguous language of the General Conditions and Design Agreement, the architect's “undertaking of periodic visits and observations by [Architect] or his associates shall not be construed as supervision of actual construction,” and the architect "will not be responsible for nor control the construction means, methods, safety precautions and programs.” Reversed.
Court: Louisiana Supreme Court, Judge: Griffin, Filed On: March 22, 2024, Case #: 2023-C-00928, Categories: Construction, negligence, contract