134 results for 'court:"USDC Middle District of Pennsylvania"'.
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J. Brann a father’s denies motion for partial summary judgement after his children were killed in a motor vehicle accident in which the mother hit a deer and their vehicle was disabled in the path of a tractor trailer retained by Gateway Freight System. Gateway’s motion for partial summary judgement is granted because the broker is not liable for the actions of the truck company or its driver. A material dispute exists regarding whether Gateway negligently entrusted the trucking company with the shipment.
Court: USDC Middle District of Pennsylvania, Judge: Brann, Filed On: December 18, 2023, Case #: 4:21cv156, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Vehicle, Negligence, Wrongful Death
J. Bloom partially grants a school board’s motion to dismiss a complaint by a student and her mother after the student was sexually assaulted by another student outside of school. The family sued both the school district and the school board, but these are not political subdivisions “separate and apart” from one another, so the board is dismissed. A motion to dismiss a claim of discrimination is denied because the student sufficiently claimed she was subjected to a hostile environment that the district was aware of.
Court: USDC Middle District of Pennsylvania, Judge: Bloom, Filed On: December 11, 2023, Case #: 3:23cv1118, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Civil Rights, Education, Negligence
J. Wilson finds that a student proved a school district had been aware of red flags concerning his teacher's behavior around young male schoolchildren but acted with indifference to his safety by allowing the teacher to pull the second grader out of class and bring him to his own middle school classroom, setting the stage for the child to being groomed for sexual assault and, subsequently, to be adopted by the teacher, who also worked for child and youth services. But the the school district is immune from negligence claims because the student failed to allege sexual assaults took place on school property.
Court: USDC Middle District of Pennsylvania, Judge: Wilson, Filed On: December 1, 2023, Case #: 1:22cv2029, NOS: Education - Civil Rights, Categories: Civil Rights, Immunity, Negligence
J. Brann finds for the department of corrections since evidence does not support gender discrimination claims contending a corrections officer was fired for reporting that a sergeant called her a "bedazzled twat," a slang word used at the correction institute to accuse female officers of sleeping with management for workplace perks, because the record indicates the officer chose to quit rather than wait for her transfer request to be honored.
Court: USDC Middle District of Pennsylvania, Judge: Brann, Filed On: November 28, 2023, Case #: 4:21cv68, NOS: Employment - Civil Rights, Categories: Civil Rights, Employment, Employment Discrimination
J. Brann dismisses certain employment discrimination claims contending a 49-year-old family medicine resident had been subjected to a non-consensual neuropsychological evaluation and denied transfer to the Guthrie/Robert Packer Hospital's anesthesiology program in retaliation for requesting adaptive learning materials for attention deficit disorder. The resident failed to prove the hospital intended to cause emotional damage or that the hospital had been contractually obligated to grant the transfer.
Court: USDC Middle District of Pennsylvania, Judge: Brann, Filed On: November 22, 2023, Case #: 4:23cv1136, NOS: Employment - Civil Rights, Categories: Employment, Emotional Distress, Contract
J. Wilson finds that East Stroudsburg University is not protected from accountability for allegedly refusing to expel a resident advisor who raped a 17-year-old freshman by using his master key to forcibly enter her dorm room, where she had barricaded herself to escape his physical abuse. Portions of the complaint were untimely, but the 2019 amendment to the state tolling provision "expanded the existing tolling period that applied to individuals under the age of eighteen bringing civil actions arising from childhood sexual abuse from twelve years after attaining the age of majority to thirty-seven years."
Court: USDC Middle District of Pennsylvania, Judge: Wilson, Filed On: November 13, 2023, Case #: 3:22cv1690, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Education, Immunity