101 results for 'cat:"Negligence" AND cat:"Jurisdiction"'.
J. Johnson finds that the trial court properly dismissed a pedestrian's trip and fall claim, alleging that she was injured when she stepped in a hole in the city's parking lot. In this case, the trial court lacks subject matter jurisdiction because the Office of Workers’ Compensation has exclusive, original jurisdiction over the matter. The pedestrian's claims of negligence against the city were alleged under the theory of premises liability, and, at the time of the fall, the pedestrian was walking to her vehicle at the end of her workday with the city. Therefore, the pedestrian was still in the course of her employment with the city. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Johnson, Filed On: May 15, 2024, Case #: 23-CA-368, Categories: negligence, jurisdiction, Workers' Compensation
J. Guerra finds that the trial court has jurisdiction over false imprisonment and negligence claims brought by a former contestant against the production company for Netflix's "Love is Blind.” Because most of the company's alleged actions, including sequestering the contestant without her consent in a hotel, took place in Houston, the trial court can exercise specific jurisdiction over these claims. However, her two assault claims alleging that another contestant sexually assaulted her fall outside of the court's jurisdiction because the alleged assault occurred during filming in Mexico.
Court: Texas Courts of Appeals, Judge: Guerra, Filed On: May 9, 2024, Case #: 01-23-00444-CV, Categories: negligence, jurisdiction, Assault
J. Sellers finds the lower court properly granted an assistant district attorney's motion to dismiss claims of prosecutorial misconduct by an inmate who received a mistrial on a conviction of sexually assaulting a child but was convicted after a retrial. The relevant statute does not allow a prisoner to "use a rule of civil procedure to collaterally attack a criminal judgment." Affirmed.
Court: Alabama Supreme Court, Judge: Sellers, Filed On: May 3, 2024, Case #: SC-2023-0945, Categories: negligence, Due Process, jurisdiction
[Consolidated.] J. Christopher finds that the trial court should have granted the special appearance of the pharmaceutical holding company that was sued by two Texas counties for its role in the opioid crisis. The counties did not show the holding company is the alter ego of the drug maker over which the trial court has personal jurisdiction. Reversed in part.
Court: Texas Courts of Appeals, Judge: Christopher, Filed On: April 30, 2024, Case #: 14-23-00202-CV, Categories: negligence, jurisdiction
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J. Boyle denies a mall property owner’s and security firm’s motions to transfer the venue of this case to the Middle District of North Carolina; the suit involves negligence claims brought by a patron who was shot in the crossfire during a robbery. The owner and firm, both foreign entities, claim that the patron fraudulently added the North Carolinian armed robbers to this action, but they have failed to demonstrate this. This case is remanded to Durham County Superior Court for lack of subject matter jurisdiction.
Court: USDC Eastern District of North Carolina, Judge: Boyle, Filed On: April 8, 2024, Case #: 4:23cv210, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Tort, negligence, jurisdiction
J. Zimmerer finds that the trial court should have dismissed the auto passenger's suit against the city over a crash with a police officer. The city's governmental immunity was not waived since the emergency exception applied to the actions of the officer, who was responding to an armed robbery when the accident occurred. Reversed.
Court: Texas Courts of Appeals, Judge: Zimmerer, Filed On: April 4, 2024, Case #: 14-23-00344-CV, Categories: Immunity, negligence, jurisdiction
J. Eagles grants a hotel’s motion to dismiss personal injury claims brought by a guest after she slipped on water and broke her hip. The guest had reported to staff that water was collecting under the air conditioning unit in her room, but they failed to fix the unit. At night, the guest got up and slipped on the water, breaking her hip. As the injury happened on St. Maarten, and the parties agreed to litigate in St. Maarten, this court lacks jurisdiction over the action.
Court: USDC Middle District of North Carolina, Judge: Eagles, Filed On: March 29, 2024, Case #: 1:23cv1048, NOS: Other Personal Injury - Torts - Personal Injury, Categories: negligence, jurisdiction, Premises Liability
J. Pena finds that the lower court properly denied the city's plea to the jurisdiction, in which it sought to dismiss this premises liability lawsuit arising from an alleged bicycle accident on a city bike trail. The city's evidence established "the applicability of the recreational use statute," but it failed to address "the nature of the defect or whether it had knowledge of it." Affirmed.
Court: Texas Courts of Appeals, Judge: Pena, Filed On: March 28, 2024, Case #: 13-22-00401-CV, Categories: negligence, jurisdiction
J. Brown refuses to remand an individual's action against an insurer in connection with his negligence case. The district court has diversity jurisdiction, and the amount in controversy exceeds $75,000.
Court: USDC Northern District of Texas , Judge: Brown, Filed On: March 22, 2024, Case #: 3:23cv1455, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Insurance, negligence, jurisdiction
J. Pearson denies, in part, the chemical and rail companies' motion to dismiss, ruling that when they leased railcars and used them to transport chemicals, they knew the cars would pass through Ohio, which is sufficient to establish jurisdiction in this court for claims filed by the New Palestine residents harmed by the train derailment.
Court: USDC Northern District of Ohio, Judge: Pearson, Filed On: March 13, 2024, Case #: 4:23cv242, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Environment, negligence, jurisdiction
J. Partida-Kipness finds that the lower court improperly denied the city's plea to the jurisdiction as to the pedestrian's negligence claim, stemming from an injury allegedly caused by an "open water meter hole on a sidewalk." Accordingly, that claim is dismissed for want of jurisdiction. However, the city's plea was properly denied as to the pedestrian's premises liability claim. Reversed in part.
Court: Texas Courts of Appeals, Judge: Partida-Kipness, Filed On: March 7, 2024, Case #: 05-23-00035-CV, Categories: negligence, jurisdiction
[Consolidated.] J. Sumners finds that the trial court improperly subjected an out-of-state non-profit national youth organization to state court jurisdiction in underlying sexual abuse complaints because the organization did not avail itself of state benefits. That is not changed by the fact that specific youth groups had contact with the organization and paid membership dues. Reversed.
Court: New Jersey Appellate Division, Judge: Sumners , Filed On: February 28, 2024, Case #: A-3720-22, Categories: negligence, jurisdiction