173 results for 'nos:"Motor Vehicle - Torts - Personal Injury"'.
J. Mollway finds that a driver is partially liable for a moped driver’s damages after the two were involved in an accident that resulted in the moped driver’s injuries. The two drivers crossed paths as the car driver made an intersection turn onto the moped driver’s lane. It is unclear whether the the vehicles physically collided but the car driver is responsible for a negligent turn that the moped driver had to swerve to avoid. The car driver is liable for only 60% of the damages given comparative negligence due to evidence the moped driver was speeding at the time.
Court: USDC Hawaii, Judge: Mollway, Filed On: January 19, 2024, Case #: 1:22cv299, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Vehicle, Damages, Negligence
J. Hall grants the employer's and driver's motion to dismiss a wrongful death action brought by the estate creditor after the decedent's death in a car collision. The estate creditor is not a proper plaintiff to bring a wrongful death claim under Georgia law since he has not alleged he is the administrator or executor of the decedent's estate. The only other plaintiffs who can bring a wrongful death claim are the decedent's surviving spouse or children.
Court: USDC Southern District of Georgia, Judge: Hall, Filed On: January 19, 2024, Case #: 1:23cv103, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Wrongful Death
J. Hightower grants and denies several discovery motions in a negligence suit brought by a citizen who says he was rear-ended by a U.S. Fish & Wildlife Service official. The United States’ motion to exclude some testimony offered by the citizen, including a crash expert who offered legal conclusions, should be partially granted, but the government’s opposed motion to extend discovery deadlines should be denied because lawyers for the U.S. “did not sufficiently confer” with the civilian’s counsel.
Court: USDC Western District of Texas , Judge: Hightower, Filed On: January 5, 2024, Case #: 1:22cv787, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Government, Vehicle, Discovery
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J. Mahan finds in favor of the civilian driver in a car collision case based, in part, on the government's concession of $4,300 in damages for the accident, in which she was rear-ended by an Army sergeant. However, the driver fails to show she is entitled to $5 million in damages for spinal cord and brain injuries, as she provided no medical testimony showing a connection between the accident and her neurological injury.
Court: USDC Nevada, Judge: Per curiam, Filed On: December 28, 2023, Case #: 2:19cv248, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Government, Vehicle, Damages
J. Currault grants a request by a motorist suing a trucking business to recover damages in a car collision case. The litigant claims the accident was caused by the truck driver’s negligence and raises claims against the owner of the rig for vicarious liability, as well as claims for its alleged failure to adequately hire, train and supervise the driver. The company cannot limit the litigant’s discovery to lane change maneuvers, as it has not established the evidence sought could have no conceivable relevance to any pending claim or defense.
Court: USDC Eastern District of Louisiana , Judge: Currault, Filed On: December 27, 2023, Case #: 2:22cv4037, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Employment, Evidence, Discovery
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. O'Connor denies the government a new trial after a jury awarded more than $23 million to a man who became a quadriplegic following a car collision with a postal truck. The damages award, which includes consideration of his past and future physical impairment and his current amputations and expected lifespan, is reasonable.
Court: USDC Northern District of Texas , Judge: O'Connor, Filed On: December 15, 2023, Case #: 4:22cv147, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Tort, Vehicle, Damages
[Consolidated] J. Griesbach grants motions from Sysco and a transportation company to dismiss claims against them in the motorists' lawsuit over a car accident with a truck driver which caused them serious injuries. Given the effects of a recent Seventh Circuit decision, the motorists' amended complaint fails to state a claim against Sysco and the company under which they can be held liable for negligent hiring, loss of consortium and other claims, in part due to findings from the Seventh Circuit about the statutory scheme of the Federal Aviation Administration Authorization Act which renders claims against them preempted and the relevant statutes of limitations.
Court: USDC Eastern District of Wisconsin, Judge: Griesbach, Filed On: December 5, 2023, Case #: 1:20cv1291, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Vehicle, Negligence
J. Pham denies the waste collection defendants' motion in limine seeking to exclude certain expert testimony in this case involving a motor vehicle collision. The expert's credentials, which include certification as a Master Automotive Technician, "qualify him as an expert in the field of accident reconstruction," and he independently reviewed the evidence in the case.
Court: USDC Western District of Tennessee , Judge: Pham, Filed On: November 21, 2023, Case #: 2:21cv2474, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Tort, Vehicle, Experts
J. Marks grants a farm company and its driver’s motion for summary judgment in this dispute over insurance coverage for injuries sustained in a car collision. The married couple alleges negligent hiring, retention, monitoring, supervision or training of the driver. There is no evidence to show that the driver’s negligence was incompetent.
Court: USDC Middle District of Alabama, Judge: Marks, Filed On: November 20, 2023, Case #: 1:22cv33, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Insurance, Vehicle, Negligence
J. Wolford temporarily stays claims contending plaintiff was injured after a vehicle being driven by an employee of Trion Solutions collided with plaintiff's vehicle, which caused both cars to crash into a tractor-trailer, because the case had been timely removed.
Court: USDC Western District of New York, Judge: Wolford , Filed On: November 20, 2023, Case #: 1:23cv574, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Civil Procedure, Insurance, Negligence
J. Kinkeade grants, in part, the government's motion to designate third parties in a case involving a driver's collision with an FBI agent. The government may amend to designate a state agency, as it has shown good cause for its belated amendment.
Court: USDC Northern District of Texas , Judge: Kinkeade, Filed On: November 17, 2023, Case #: 3:23cv74, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Civil Procedure, Tort
J. Wu grants the government's motion to exclude improperly disclosed witnesses and limit the testimony of certain witnesses in the driver's lawsuit alleging that a U.S. Postal Service mail-delivery truck driver negligently merged into the driver's lane, causing a collision. Among other errors, the driver does not provide proper expert disclosures for her non-retained treating physicians, and she does not provide a summary of facts as to how these individuals would testify about her injuries.
Court: USDC Central District of California, Judge: Wu, Filed On: November 17, 2023, Case #: 2:22cv3290, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Vehicle, Experts, Discovery
J. Marbley denies the private fire department's motion for judgment on the pleadings, ruling it is not entitled to governmental immunity because its contract with a local municipality had expired at the time it responded to the fire and the firefighter who ran over the homeowners was not responding to or extinguishing a fire at the time of the accident. Additionally, there are issues of fact as to whether the firefighter's actions were reckless, which would also deprive him of immunity; therefore, judgment is not warranted at this stage of the litigation.
Court: USDC Southern District of Ohio, Judge: Marbley, Filed On: November 14, 2023, Case #: 2:23cv1353, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Vehicle, Immunity, Wrongful Death
[Consolidated.] J. Wood denies the company's motions to dismiss four negligence actions brought by injured drivers and family members of now-deceased individuals arising from a traffic accident caused by the truck driver. Georgia's consent-by-registration statute is not unconstitutional and subjecting the company to general jurisdiction does not violate the Dormant Commerce clause. The company is licensed to transact business in Georgia and therefore consents to jurisdiction in Georgia. The drivers and family members presented sufficient evidence to show that the company is subject to specific jurisdiction in Georgia and that there was a lease agreement between the company and the agent for the truck driver's truck.
Court: USDC Southern District of Georgia, Judge: Wood, Filed On: November 6, 2023, Case #: 2:22cv76, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Negligence, Jurisdiction
J. Thrash grants the driver's motion to dismiss counterclaims raised by the insurer in a dispute over an insurance settlement arising from a car collision. The insurer failed to properly state a claim for breach of the settlement. The driver's motion for sanctions is denied. The driver alleged that the insurer improperly removed the instant action to federal court but the insurer assumed the status of a defendant and could remove the action. The insurer's motion for default judgment is denied.
Court: USDC Northern District of Georgia, Judge: Thrash, Filed On: November 2, 2023, Case #: 1:23cv2624, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Insurance, Contract
J. Sweazea grants, in part, the commercial truck driver's motion to compel, ruling the logistics company must provide the name of the co-driver involved in the crash because he could be a crucial witness. However, the driver's request for 10 years of incident records from the logistics company is overly broad and will be denied.
Court: USDC New Mexico, Judge: Sweazea, Filed On: November 1, 2023, Case #: 2:23cv18, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Tort, Vehicle, Discovery