1,068 results for 'cat:"Tort"'.
Per curiam, the appellate division finds that the lower court improperly dismissed the insurer's claim for a declaratory judgment that it has no duty to defend the archdiocese in 1500 underlying sexual abuse actions. The insurer's allegations concerning the archdiocese's longstanding awareness of sexual abuse should not have been discounted. Reversed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: April 23, 2024, Case #: 02139, Categories: tort, Indemnification
J. Huffaker grants, in part, the medical device maker’s motion to dismiss a product liability suit filed by a patient who claims that her Smart Port, implanted for the purpose of infusion therapy was defective. She alleges claims under the Alabama Extended Manufacturer’s Liability Doctrine as well as claims for negligence, breach of warranty and wantonness concerning the device’s catheter, which fractured near her heart. The patient’s claims have an articulated reasonable set of facts that could make the medical device maker’s liable for failure to warn. Therefore, the AEMLD, negligence and wantonness claims may proceed, and the patient concedes her warranty claim.
Court: USDC Middle District of Alabama, Judge: Huffaker, Filed On: April 23, 2024, Case #: 2:24cv112, NOS: Personal Injury - Health Care/Pharmaceutical Personal Injury/Product Liability - Torts - Personal Injury, Categories: tort, Negligence, Product Liability
J. Zimmerer finds that the trial court properly denied the city's plea to the jurisdiction in a flight attendant's suit after a slip and fall at Bush Intercontinental Airport. There is a fact issue on the challenged elements of the claim, including the city's knowledge of the alleged dangerous condition. Affirmed.
Court: Texas Courts of Appeals, Judge: Zimmerer, Filed On: April 23, 2024, Case #: 14-23-00319-CV, Categories: tort, Immunity, Jurisdiction
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
J. Dever grants the U.S. Department of Commerce’s motion to dismiss antitrust and tort claims brought by a former patent examiner. The examiner alleges that the department, her former employer, was unfair in its performance reviews and removed credit for the work she did for it, thereby damaging her career. However, her claims must by dismissed for lack of subject matter jurisdiction because the department retains sovereign immunity.
Court: USDC Eastern District of North Carolina, Judge: Dever, Filed On: April 22, 2024, Case #: 5:23cv495, NOS: Antitrust - Other Suits, Categories: Antitrust, tort, Immunity
J. Milazzo awards a total of $646,000 in damages to a registered nurse on her car collision action against the U.S. Postal Service and its driver. Evidence, including the opinion of an orthopedic surgeon who examined the 36-year-old mother of three young children that the crash aggravated her shoulder complaints and caused a new injury to her neck, supports the award.
Court: USDC Eastern District of Louisiana , Judge: Milazzo, Filed On: April 22, 2024, Case #: 2:23cv241, NOS: Motor Vehicle - Torts - Personal Injury, Categories: tort, Damages, Experts
J. lyle finds that the lower court properly found for the insurer, ruling it does not have a duty to indemnify the food manufacturer in an underlying detinue and conversion suit alleging it wrongly seized another company's manufacturing equipment and refused to return it. The complaint alleges that this conduct was intentionally and done without legal authority, leaving no possibility it was accidental or negligent. Further, the policy does not provide coverage for the tortious interference claims because these claims do not rely on the manufacturer's alleged disparagement of the company to a rival. Affirmed.
Court: Illinois Appellate Court, Judge: Lyle, Filed On: April 19, 2024, Case #: 221396, Categories: tort, Business Practices, Indemnification
Per curiam, the circuit finds the district court properly dismissed the complaint. The clean-up worker associated with the Deepwater Horizon oil spill, never having received notice he was part of the approved medical class, developed heart issues his physicians attributed to weight. The complaint does not plausibly allege that had the worker made a reasonable inquiry at the time of his diagnosis he would likely not have found he was part of the class, or able to show a causal connection between his exposure and symptoms. The claims are untimely.
Court: 5th Circuit, Judge: Per curiam, Filed On: April 19, 2024, Case #: 23-30552, Categories: Health Care, tort, Class Action
J. Kinkeade finds that the employer of a driver who struck and killed a man with her car in the course of her employment while the man was changing a tire on the side of the road is not liable for negligent training and hiring claims but claims against the driver for negligence regarding her being consciously distracted can proceed. There is not sufficient evidence indicating negligence by the company in hiring or training the driver but there is a record that that the driver sent text messages close to the time of the accident. Claims for pain and suffering related to the deceased are denied because evidence shows that he was killed instantly.
Court: USDC Northern District of Texas , Judge: Kinkeade, Filed On: April 19, 2024, Case #: 3:22cv2714, NOS: Motor Vehicle - Torts - Personal Injury, Categories: tort, Vehicle, Wrongful Death
J. Ashe grants a request by Arkansas-based Walmart to dismiss a Florida resident's claim for punitive damages in a slip and fall action. Louisiana law prohibits the award of punitive damages unless they are expressly authorized by statute, and, in this case, that Walmart is a Louisiana domiciliary.
Court: USDC Eastern District of Louisiana , Judge: Ashe, Filed On: April 18, 2024, Case #: 2:23cv7230, NOS: Other Personal Injury - Torts - Personal Injury, Categories: tort, Damages, Choice Of Law
J. Halligan answers a certified question by finding that New York law allows personal jurisdiction to be extended when a successor entity entirely assumes a predecessor's assets and liabilities but the parties do not merge. Long-arm jurisdiction had been established over claims contending a foreign bank's U.S. transfers provided assistance to Hezbollah by financing terrorist rocket attacks that harmed U.S. citizens in Israel in 2006. Under the theory of successor jurisdiction, after another foreign bank purchased the assets and liabilities, it also took on the predecessor's specific personal jurisdiction in New York.
Court: New York Court Of Appeals, Judge: Halligan, Filed On: April 18, 2024, Case #: 29, Categories: tort, Terrorism, Jurisdiction
Per curiam, the court of appeals finds that the appellate division properly dismissed slip and fall claims brought against the housing authority because the agency demonstrated it did not create the wet condition that caused the visitor to fall on the stairs and lacked constructive notice of such. Affirmed.
Court: New York Court Of Appeals, Judge: Per curiam, Filed On: April 18, 2024, Case #: 36, Categories: tort
J. Mortensen finds that the trial court improperly dismissed a customer's discrimination claim against a Burger King franchise owner. Respondeat superior vicarious liability applies to the Civil Rights Act and a jury must determine whether a shift supervisor was acting within the scope of her employment when she used racial epithets and enlisted a friend to assault the customer. Reversed.
Court: Utah Court Of Appeals, Judge: Mortensen, Filed On: April 18, 2024, Case #: 20221003-CA, Categories: Civil Rights, tort
J. Clark finds that the lower court properly held the county responsible for poor road conditions that caused a motorcyclist to be thrown from his bike after losing control of the vehicle. The motorcyclist may have been convicted of DUI, but driving while intoxicated had not been the proximate cause of his injuries, as his traveling companions also had problems controlling their bikes on the same stretch of roadway. Affirmed in part.
Court: New York Appellate Divisions, Judge: Clark, Filed On: April 18, 2024, Case #: 535621, Categories: tort, Vehicle
J. Currault grants a request by a woman injured in a traffic accident with the driver of a truck owned by a holding company, compelling disclosure of the individual owners of all members of its limited liability corporations. The holding company’s responses are insufficient, and the citizenship of the truck’s owners is a “fundamental threshold issue” that must be addressed. “Although this may be a case in which sealing the identities of upstream owners may be justified,” the holding company must provide the litigant with a redacted list of individuals or entities.
Court: USDC Eastern District of Louisiana , Judge: Currault, Filed On: April 18, 2024, Case #: 2:22cv480, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Civil Procedure, tort, Discovery
J. Conley denies health care providers' motion to dismiss an estate's claims. A man hung himself with a bedsheet and died in his cell, while in the custody of the county jail. The estate filed a lawsuit against the court, jail employees, and healthcare providers who treated the decedent, but later amended the complaint to include additional health care providers. The providers motioned to dismiss the matter claiming the estate did not exercise due diligence in identifying all of the decedent's health care providers, and that it exceeded the statute of limitations when it amended the complaint to name them. It is possible that the amended complaint was timely filed.
Court: USDC Western District of Wisconsin, Judge: Conley, Filed On: April 18, 2024, Case #: 23cv167, NOS: Personal Injury - Health Care/Pharmaceutical Personal Injury/Product Liability - Torts - Personal Injury, Categories: Health Care, tort, Negligence
Per curiam, the appellate division finds that the lower court improperly denied the police officer's petition to serve a late notice of claim on the city in a slip and fall suit. The officer's line-of-duty injury report provided the city timely notice of the essential facts constituting the claim. Reversed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: April 17, 2024, Case #: 02058, Categories: Civil Procedure, tort
Per curiam, the appellate division finds that the lower court properly denied the summer camp's motion to dismiss claims that a camper was sexually abused by a coach while attending football camp in the 1970s. The camper was a resident of New York at the time of the alleged abuse, so he can avail himself of the extended statute of limitations under the Child Victims Act even if the camp was located in Vermont and Massachusetts. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: April 17, 2024, Case #: 02074, Categories: tort, Jurisdiction
J. Moon grants the landlord's motion to dismiss negligence claims. A tenant suffering from multiple disabilities, including bipolar disorder, severe PTSD, depression, anxiety, and a cracked skull, acquired two service dogs that reduce the effects of her disabilities. The landlord told the tenant she could not have dogs resembling pit bulls, but she did not get rid of them because she needed them to manage her disability; they were not pit bulls, and her neighbors were not abiding by a “no pets” policy. Actionable negligence requires that there must be a legal duty, a breach of that duty and resulting injury that could have been reasonably foreseen by the exercise of reasonable care and under Virginia law, tort claims cannot be rooted in violation of a contractual duty.
Court: USDC Western District of Virginia, Judge: Moon , Filed On: April 17, 2024, Case #: 3:24cv6, Categories: Landlord Tenant, tort, Negligence
J. Boasberg denies the apartment manager's motion for judgment on the pleadings in the driver's suit alleging that its privately hired "special police officers" improperly assaulted him and pepper sprayed him while he was handcuffed, threatening to take his children away before determining that they did not have authority to make traffic stops or probable cause to arrest him. The driver's first amended complaint does not "necessarily rely" on the existence of a contract between it and its security contractor, and therefore the contract was not incorporated by reference into the complaint and need not be considered at this time. He has adequately argued vicarious liability for the purposes of this motion, though he may not for a summary judgment motion. A motion to amend is granted as to certain clarifying amendments, but the driver is not granted leave to add new entities as defendants. He may add certain additional claims against the security contractor.
Court: USDC District of Columbia, Judge: Boasberg, Filed On: April 17, 2024, Case #: 1:22cv3098, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, tort, Premises Liability
Per curiam, the appellate division finds that the lower court properly found for Swarovski in a trip and fall suit stemming from a woman's fall over a sign on the sidewalk outside the Brooklyn Museum of Art advertising a fashion event sponsored by the jewelry company. There is no evidence Swarovski had any control or occupancy of the property abutting the sidewalk where the accident occurred. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: April 17, 2024, Case #: 02062, Categories: tort, Negligence
Per curiam, the appellate division finds that the lower court properly dismissed the woman's personal injury suit against the housing authority. While the statute of limitations to file was tolled as a result of the Covid-19 pandemic, she still filed suit almost three months past the tolled deadline. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: April 16, 2024, Case #: 02010, Categories: Civil Procedure, tort, Covid-19
J. Bencivengo finds that the court of federal claims improperly ruled in claims brought under the National Childhood Vaccine Injury Act stemming from injuries suffered by a minor after receiving several immunizations because the court misinterpreted the term "surgical intervention." Reversed.
Court: Federal Circuit, Judge: Bencivengo, Filed On: April 15, 2024, Case #: 2023-1032, Categories: tort
J. Sessions denies Monsanto, Bayer and two other companies’ motion to dismiss a misrepresentation claim brought by four teachers and a student, who say the companies’ polychlorinated biphenyls are contaminating school buildings, as well as a husband’s claim for loss of consortium due to his wife’s injuries. The ag giants are not entitled to dismissal because the plaintiffs plausibly alleged justifiable reliance on the companies’ representations.
Court: USDC Vermont, Judge: Sessions, Filed On: April 12, 2024, Case #: 2:23cv272, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: Environment, tort, Negligence