1,068 results for 'cat:"Tort"'.
Per curiam, the appellate division finds that the lower court improperly granted the man's motion for leave to file a late notice of claim against the city in a construction injury suit. The man's assertion that he did not learn the seriousness of his shoulder injury until months after the accident is not a reasonable excuse for his delay in serving a notice of claim, given that he filed a workers' compensation claim just weeks after the accident. Reversed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: April 11, 2024, Case #: 01998, Categories: Civil Procedure, Construction, tort
Per curiam, the appellate division finds that the lower court properly found for the transit agency in a construction injury suit. The agency did not control the means and methods of the drop-off procedures for workers at the Throgs Neck Bridge, which were left to the general contractor on the construction project. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: April 11, 2024, Case #: 02000, Categories: Construction, tort
J. Virden finds the Workers' Compensation Commission properly affirmed the administrative law judge's determination the poultry processing worker sustained a compensable injury in the form of an occupational disease. The worker, who hung live chickens by their feet as they scratched and pecked him, developed a rash and nausea. He was later diagnosed with cardiopulmonary arrest, acute renal failure and other ailments after he was found unresponsive and taken for medical treatment. The processing facility does not specifically argue sufficiency of the evidence until its reply brief. The appeals court will not consider arguments first raised in a reply brief, being the worker would have no opportunity for rebuttal. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Virden , Filed On: April 10, 2024, Case #: CV-23-133, Categories: tort, Due Process, Workers' Compensation
Per curiam, the appellate division finds that the lower court properly granted the city's motion to dismiss the trip and fall complaint. While the city owned the building, it was leased to a tenant at the time of the accident, so the city did not control the staircase or create the alleged dangerous condition. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: April 10, 2024, Case #: 01901, Categories: tort
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J. Whitney partially grants a husband and wife’s motion to alter judgment in this personal injury case against the husband’s former employer, a farm and its owner. Previously, the court ruled in favor of the husband, who had been injured on the job, and his wife, for the farm’s negligence and the wife’s loss of consortium for over $2 million. The husband and wife are correct to say they are owed post-judgment interest, which is now awarded.
Court: USDC Western District of North Carolina, Judge: Whitney, Filed On: April 10, 2024, Case #: 3:22cv413, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Employment, tort, Negligence
J. Thompson finds that the jury properly awarded $3 million in exemplary damages to a driver after she was injured in a collision with the dislodged wheel from a drunk driver's car. In this case, the drunk driver's blood alcohol content was four times the legal limit, and the record shows that he repeatedly failed to disclose the truth of his consumption of alcohol that day and often changed his story to his family and coworkers regarding the circumstances surrounding the accident. Also, the record shows that the drunk driver's conduct of driving while intoxicated was not an isolated incident. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Thompson, Filed On: April 10, 2024, Case #: 55,599-CA, Categories: Evidence, tort, Damages
J. Landau finds the lower court properly issued a take-nothing judgment in this matter of alleged tortious interference. Evidence is sufficient to support the jury’s finding that a third-party factoring company did not engage in business disparagement or tortious interference with existing contracts when it contacted a freight brokerage company’s primary client seeking assistance in collecting payment from the freight brokerage. Affirmed
Court: Texas Courts of Appeals, Judge: Landau, Filed On: April 9, 2024, Case #: 01-22-00623-CV, Categories: Debt Collection, tort, Interference With Contract
Per curiam, the appellate court conditionally grants a writ of mandamus to vacate an order to compel the relator entities to respond to pre-arbitration discovery requests for underlying tort claims. The trial court abused its discretion by delaying a ruling "on the merits of arbitrability until after discovery."
Court: Texas Courts of Appeals, Judge: Per curiam, Filed On: April 9, 2024, Case #: 14-23-00872-CV, Categories: Arbitration, tort, Discovery
J. Mitchell finds that the school's appeal must be dismissed in this sex discrimination suit accusing a sixth-grade teacher of abusing a student because the amount of damages was never written in a final judgment.
Court: Missouri Court Of Appeals, Judge: Mitchell, Filed On: April 9, 2024, Case #: WD86206, Categories: tort, Damages
J. Matsumo rules on a series of motions in limine in a personal injury product liability lawsuit against BMW, who was sued by a driver who says his right thumb was partially amputated when his 2013 BMW X5’s Soft Close Automatic door technology suddenly activated. The litigant is allowed to produce photographs of his injury as well as evidence related to a prior recall issued by BMW regarding the door closing tech, while BMW can present evidence to bolster its argument that external factors caused his injuries, but may not present evidence showing the vehicle manufacturer’s compliance with federal safety regulations, finding the information irrelevant.
Court: USDC Eastern District of New York, Judge: Matsumoto, Filed On: April 8, 2024, Case #: 2:17cv209, NOS: Motor Vehicle Product Liability - Torts - Personal Injury, Categories: Evidence, tort, Product Liability
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. Eastbrook finds the lower court properly denied Smith and Wesson’s notice of removal in this matter involving the aftermath of a mass-shooting. A shooter opened fire into a crowd during an Independence Day parade, killing seven people and wounding 48 others. The shooter used a Smith and Wesson AR-15 style assault weapon, and the victims and their estates seek damages from the rifle manufacturer for its role in the sale and marketing of the weapon. Smith and Wesson argues the matter should be removed and heard in federal court because it involves multiple claims against them, some of which fall under federal law, but the instant court disagrees. What Smith and Wesson sees as multiple claims - the sale and advertising the sale of the weapon - the court sees as legal theory, and finds there is only one claim in the matter, that of the shooter firing into a crowd of people, and that Smith and Wesson is merely a party that may bear secondary liability. Affirmed.
Court: 7th Circuit, Judge: Eastbrook, Filed On: April 8, 2024, Case #: 23-2992, Categories: tort, Damages, Firearms
J. Toliver granted a motion to dismiss negligent hiring, training and retention claims made by a motorist who was hit by a tractor-trailer when it crossed over the highway centerline. The motorist did not provide evidence that the employer had failed to provide training beyond what a potential employee might be reasonably expected to know, such as the basic rules of the road. The motorist is granted leave to amend.
Court: USDC Northern District of Texas , Judge: Toliver, Filed On: April 5, 2024, Case #: 3:24cv114, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Employment, tort, Negligence
J. Komitee denies in part a motion for summary judgment on a civil rights complaint alleging constitutional rights violations stemming from the execution of a no-knock search warrant on a family’s home in Queens. The family’s mother claims she was partially nude during a portion of the search, but a dispute remains over how long and whether she was allowed to dress before or after she was handcuffed. The court further finds the officers are entitled to immunity on the father’s claims that he was unlawfully detained in a police van parked several blocks away, but concludes a jury could find the length of time he was detained in the van, over two hours, was unreasonable and preserves the claim as it relates to temporality.
Court: USDC Eastern District of New York, Judge: Komitee, Filed On: April 5, 2024, Case #: 1:20cv3109, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, tort, Police Misconduct
J. Miller finds the trial court erred by not granting Facebook's motion to dismiss a lawsuit from an ammunition manufacturer over damages it sustained when an impostor created a clone of the manufacturer's Facebook account and used it to conduct business as the manufacturer. The allegations in the lawsuit are not enough to establish specific jurisdiction in a Florida court over Facebook, whose parent company is a Delaware corporation headquartered in California, in part because there is no tort claim alleged against Facebook. The trial court's order is reversed and the case is remanded for further proceedings. Reversed.
Court: Florida Courts Of Appeal, Judge: Miller, Filed On: April 3, 2024, Case #: 23-0948, Categories: tort, Jurisdiction
Per curiam, the appellate division finds that the lower court improperly denied the property owner's motion to dismiss personal injury claims stemming from a trip and fall on a sidewalk. The property abutting the sidewalk where the woman fell was an owner-occupied, residential property, so he cannot be held liable for defects in the sidewalk. Further, he showed that he did not create the uneven condition on the sidewalk. Reversed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: April 3, 2024, Case #: 01797, Categories: Property, tort
Per curiam, the appellate division finds that the lower court improperly granted a defendant's motion to dismiss this personal injury suit as untimely. Due to the tolling provision of the executive orders issued during the Covid-19 pandemic, the statute of limitations within which the plaintiff was required to file this action was tolled 228 days. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: April 3, 2024, Case #: 01790, Categories: Civil Procedure, tort
Per curiam, the appellate division finds that the lower court properly denied the restaurant's motion to dismiss claims stemming from a woman's trip and fall on a hose on the sidewalk abutting the property. The restaurant hired the oil clean-up company whose hose lay across sidewalk, and this conduct may qualify as making "special use" of the sidewalk, exposing the restaurant to liability. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: April 3, 2024, Case #: 01835, Categories: Property, tort
J. Alvarez upholds the trial court's refusal to compel arbitration on parents' claims arising from injuries their child allegedly suffered while at a trampoline park. Although the park argues the father's friend signed the contract that contained the arbitration agreement on behalf of the father before entering the park, it is in dispute whether the streak mark on the agreement is his signature. Affirmed.
Court: Texas Courts of Appeals, Judge: Alvarez, Filed On: April 3, 2024, Case #: 04-23-00146-CV , Categories: Arbitration, tort, Contract
Per curiam, the appellate division finds that the lower court properly denied the realty firm's motion to dismiss a trip and fall suit stemming from a man's fall over a pipe protruding from one of the steps of a staircase on a commercial property. The firm failed to show that the pipe at issue was an open and obvious hazard, even if the injured man knew about the existence of the pipe before the accident. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: April 3, 2024, Case #: 01830, Categories: Property, tort
J. Dick denies pre-trial requests by nine litigants to exclude evidence of drug use by two welders killed in a Louisiana paper mill explosion in 2017. The decedents are not involved in a negligence suit against the owners of the mill, where three workers were killed and seven others injured by the blast during “hot work” activities near a flammable tank. The evidence of drugs on the two men who also tested positive for drug use in post-mortem exams is material to the issue of what caused the deadly accident.
Court: USDC Middle District of Louisiana, Judge: Dick, Filed On: April 3, 2024, Case #: 3:18cv613, NOS: Other Personal Injury - Torts - Personal Injury, Categories: tort, Negligence, Discovery
J. Breedlove finds that the lower court properly granted summary judgment for the appellees in this suit to enforce a settlement agreement, which arose from an automobile accident. The appellants argue that there was no enforceable settlement agreement, because there was no "tender" of the settlement amount and the insurance company "made a counteroffer, not an acceptance." However, the court finds that "the rule of tender found in Baucum is inapplicable" and that there was an agreement based on the demand letter and subsequent email. Affirmed.
Court: Texas Courts of Appeals, Judge: Breedlove, Filed On: April 3, 2024, Case #: 05-23-00181-CV, Categories: Insurance, Settlements, tort
J. Gruber finds the circuit court properly found for the homeowners on an invitee's allegations the lack of a railing on the home's second floor balcony caused him to fall from the balcony, sustaining injuries. The invitee knew of the dangerous condition that caused his injury, and no evidence shown brings into question any material fact. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Gruber, Filed On: April 3, 2024, Case #: CV-22-202, Categories: Evidence, tort, Negligence
Per curiam, the appellate division finds that the lower court properly dismissed the property owner's indemnification claims against the elevator maintenance servicer. The service contract provides that the owner retained exclusive control over repairs to the elevator, and the servicer was only responsible for maintenance. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: April 2, 2024, Case #: 01776, Categories: tort, Indemnification