62 results for 'cat:"Tort" AND cat:"Vehicle"'.
J. Hoffman finds that the lower court properly found for the company in a personal injury suit stemming from a car accident, ruling that workers' compensation is the exclusive remedy in these circumstances where a car hit the car in front of it, causing that car to hit the plaintiff pedestrian. There is no dispute that the defendant company was plaintiff's borrowing employer and is therefore protected by workers' compensation laws. Affirmed.
Court: Illinois Appellate Court, Judge: Hoffman, Filed On: October 26, 2023, Case #: 221792, Categories: tort, vehicle, Workers' Compensation
J. Cunningham finds that the appeals court properly reversed the lower court's decision to dismiss this personal injury suit stemming from a car accident involving a driver that passed away a year into the resulting litigation. Because an estate was never opened for the deceased driver and there was no personal representative to defend the lawsuit, the plaintiff acted properly in moving to appoint a special representative. Affirmed.
Court: Illinois Supreme Court, Judge: Cunningham, Filed On: October 26, 2023, Case #: 128468, Categories: Civil Procedure, tort, vehicle
Per curiam, the appellate division finds that the lower court properly found the state's truck driver 100% at fault for the accident that caused plaintiff's injuries. The dump truck driver admitted to taking his eyes momentarily off the road and did not see when the car in front of him suddenly stopped due to a traffic condition. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: October 25, 2023, Case #: 05414, Categories: tort, vehicle
J. Kauger finds the trial court improperly dismissed this suit arising from injuries sustained by citizens in a collision with an Oklahoma Highway Patrol Trooper. A letter asking the highway patrol to preserve evidence was determined by the Office of Management & Enterprise Services to be statutory notice of a governmental tort claim, triggering Oklahoma Governmental Tort Claims Act limits. The trial court then determined that time limit had expired when the suit was filed. The letter did not include language and information complying with the Act as constituting notice. Reversed and remanded.
Court: Oklahoma Supreme Court, Judge: Kauger, Filed On: October 17, 2023, Case #: 121422, Categories: Government, tort, vehicle
Per curiam, the appellate division finds that the lower court properly found the claimant 70% responsible for the motor vehicle accident, and reduced his damages accordingly. The evidence supports a finding that the claimant's vehicle struck defendant's stopped care, as opposed to the other way around. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: October 12, 2023, Case #: 05185, Categories: tort, vehicle
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J. Calabresi finds that the district court improperly assessed comparative liability to a delivery driver who sustained injuries when his motorized bicycle ran into the door of a government vehicle that had been opened by a military recruiter because evidence did not support findings that the bicyclist was 40% liable for damages.
Court: 2nd Circuit, Judge: Calabresi, Filed On: October 5, 2023, Case #: 22-995, Categories: tort, vehicle, Negligence
J. Friot denies the Halliburton defendants' post-trial motions in this lawsuit arising from a motor vehicle accident. The negligent entrustment claim was properly submitted to the jury, as "the facts underlying the negligent entrustment claim can be argued either way." Also, they were not prejudiced by certain trial testimony provided by the plaintiff driver's treating physician.
Court: USDC Western District of Oklahoma , Judge: Friot, Filed On: September 29, 2023, Case #: 5:22cv159, NOS: Motor Vehicle - Torts - Personal Injury, Categories: tort, vehicle, Negligence
J. Navarro makes findings of fact and conclusions of law as to this federal tort claims act arising from a construction-zone accident between the driver of an RV and a semi-truck driver working for the FAA. The RV driver has not cast sufficient doubt on the truck driver's credibility or his version of events. The RV driver did not elicit sufficient testimony at trial supporting his and a corroborating witness's version of events, or that the truck driver failed to maintain his lane. And so, the RV driver has failed to meet his burden to show the United States breached a duty of care.
Court: USDC Nevada, Judge: Navarro , Filed On: September 26, 2023, Case #: 2:20cv1584, NOS: Motor Vehicle - Torts - Personal Injury, Categories: tort, vehicle, Negligence
J. Murray finds that the lower court properly granted summary judgment in favor of a property owner in this case wherein a motorcycle driver alleges they were injured while navigating into the property for an estate sale. The trial court’s reasoning is supported by both the record and applicable legal authority. Affirmed.
Court: Pennsylvania Superior Court, Judge: Murray, Filed On: September 22, 2023, Case #: J-A20027-23, Categories: Evidence, tort, vehicle
J. Gladwin finds the trial court properly found in favor of certain individuals associated with the trucking company in this suit brought by drivers who allegedly suffered serious injuries when their vehicle collided with a tractor-trailer when changing lanes to avoid two other collisions. The drivers failed to offer proof that their injuries were proximately caused by the other motorists’ alleged negligence. Because of conflicting airbag module data, certain aspects of the summary judgment granted in favor of the truck driver and his employer are reversed and remanded. Affirmed in part.
Court: Arkansas Court Of Appeals, Judge: Gladwin , Filed On: September 20, 2023, Case #: CV-20-549, Categories: tort, vehicle, Damages
J. Emas finds partially in favor of the citizen in his lawsuit against the towing company over the towing, storage and ultimate sale of his car by a state agency. The trial court's summary judgment order in favor of the towing company is upheld as to the claim under Florida law related to giving notice about the sale of impounded cars, but the trial court is reversed as to the civil theft claim and claim under the Florida Deceptive and Unfair Trade Practices Act because it did not address these claims on the record in its decision as required. Affirmed in part.
Court: Florida Courts Of Appeal, Judge: Emas, Filed On: September 20, 2023, Case #: 22-0915, Categories: Civil Procedure, tort, vehicle
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. Palafox finds a lower court partially erred in granting summary judgment against a negligence claim brought by a truck driver against another truck driver following an accident caused by a loss in tire pressure. The suing truck driver may still establish a "logically traceable connection" between negligence of the other driver and his injury, and therefore summary judgment was not appropriate at this stage of the case. Reversed in part.
Court: Texas Courts of Appeals, Judge: Palafox, Filed On: September 1, 2023, Case #: 08-22-00101-CV, Categories: tort, vehicle, Negligence
J. Murphy finds the circuit court properly granted summary judgment to the insurance company in this dispute over coverage for a traffic accident caused by a drunk driver with a suspended license who was not named on the insurance policy. The policy exclusion stating that the company does not provide liability coverage for injury or damage “caused by or in any way arising out of operation, maintenance or use of a vehicle by a … person who does not possess a valid, in-force operator’s license,” is properly characterized as unambiguous. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Murphy, Filed On: August 30, 2023, Case #: CV-22-499, Categories: Insurance, tort, vehicle
J. Hurson grants the United States its motion to dismiss tort allegations after an NSA employee failed to identify herself at a checkpoint, causing a different employee driving behind her to crash. An NSA police officer activated a barricade after the female employee failed to identify herself, causing the rear of the other employee’s car to hit a jersey barrier. He and his wife were injured but recovered related expenses through workers’ compensation, preventing them from suing the government or the female employee, who is considered to have had immunity.
Court: USDC Maryland, Judge: Hurson, Filed On: August 22, 2023, Case #: 8:20cv2318, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Government, tort, vehicle
J. Rodriguez finds a lower court ruled correctly in granting summary judgment on limitations to a driver after he was sued by a pedestrian following an accident. While the pedestrian sued the driver “on the last day of the limitations period,” he did not serve him “until nearly two years later.” Affirmed.
Court: Texas Courts of Appeals, Judge: Rodriguez, Filed On: August 14, 2023, Case #: 08-22-00227-CV, Categories: tort, vehicle, Due Process
J. Cain denies summary judgment to an insurance company for a trucking company, finding the insurer has not provided sufficient evidence that the driver of a tractor-trailer was an independent contractor, thereby triggering the policy’s independent contractor exclusion. The driver was carrying a load of paper towels eastbound on Interstate-10 in Louisiana when a front tire blew out, causing him to lose control and cross into oncoming traffic in the westbound lanes striking a passenger vehicle.
Court: USDC Western District of Louisiana , Judge: Cain, Filed On: August 10, 2023, Case #: 2:19cv1478, NOS: Insurance - Contract, Categories: Employment, tort, vehicle
J. Quereshi denies a logistics firm and one of its semi-trailer truck drivers their motion to dismiss allegations of a hit and run and liability. The firm argues that it is not liable because its associated freight company, not itself, owns the truck involved in the collision. But, the two are often co-defendants in litigation, and it cannot be determined yet whether the couple whose car the driver hit has failed to establish subject matter jurisdiction.
Court: USDC Maryland, Judge: Quereshi, Filed On: June 27, 2023, Case #: 8:22cv2984, NOS: Motor Vehicle - Torts - Personal Injury, Categories: tort, vehicle, Jurisdiction
J. Riedmann finds the district court improperly dismissed this suit seeking damages sustained in a motor vehicle accident involving a state employee. Though the case had been pending for 18 months without prosecution, a progression schedule was drafted upon the order to show cause. The court relied on the work completed prior to the hearing and did not consider the remaining factors, and although the party filing suit had no excuse for the delay, remaining factors indicate good cause existed. Reversed and remanded.
Court: Nebraska Court Of Appeals, Judge: Riedmann, Filed On: June 20, 2023, Case #: A-22-387, Categories: tort, vehicle, Due Process
J. Palafox conditionally grants mandamus relief to the U.S. Postal Service and a postal carrier who were sued following a vehicle collision. Both the Postal Service and carrier argued that a local electric company and resident should be designated as third parties because they allege that a telephone pole, a rock wall and shrubbery obscured visibility and contributed to the accident, and the parties timely moved to designate them.
Court: Texas Courts of Appeals, Judge: Palafox, Filed On: June 16, 2023, Case #: 08-23-00100-CV, Categories: Civil Procedure, tort, vehicle
J. Urias denies motions for summary judgment in a convoluted dispute involving multiple trucking companies, an insurance company and others over a vehicle accident that damaged pharmaceutical goods in transport. A trucking company that was not transporting the products but was involved in the wreck brought counterclaims after it alleged that another trucking company was responsible for the incident by failing to move their vehicle out of the roadway, resulting in a rear-end collision. Other parties involved in the case sought summary judgment on those claims. Summary judgment is not appropriate at this time because there are still genuine disputes regarding this case, including whether the pharmaceutical company had entered a “principal-agent relationship or an independent contractor relationship” with the company transporting its goods.
Court: USDC New Mexico, Judge: Urias, Filed On: June 15, 2023, Case #: 1:18cv336, NOS: Other Personal Injury - Torts - Personal Injury, Categories: tort, vehicle, Damages
J. Pedersen finds that the lower court improperly denied the Texas Department of Transportation's plea to the jurisdiction as to the claim for property damage, stemming from an alleged car accident in a construction zone. Under the Texas Tort Claims Act, the department's immunity was not waived for the car owner's personal property claim. Accordingly, that claim should be dismissed due to a lack of jurisdiction. Reversed in part.
Court: Texas Courts of Appeals, Judge: Pedersen, Filed On: June 5, 2023, Case #: 05-22-00498-CV, Categories: tort, vehicle, Jurisdiction
Per curiam, the Ninth District conditionally grants mandamus relief to the defendant in an auto accident and injury case which was dismissed, the order of which was later found to be ineffective, causing the case to remain pending. The court’s plenary power over the case had expired by the time the order declaring the dismissal ineffective was signed. The writ will issue only if the trial court fails to vacate the order.
Court: Texas Courts of Appeals, Judge: Per curiam, Filed On: June 1, 2023, Case #: 09-22-00317-CV, Categories: tort, vehicle, Due Process